Source: OJ L, 2025/532, 2.7.2025Current language: EN
- Digital operational resilience in the financial sector
ICT third-party service providers
- RTS on subcontracting ICT services
Article 2 Group application
Summary What does Article 2 of the RTS on subcontracting ICT services say?
This article addresses how the regulation applies at a group level, specifically when it operates on a consolidated or sub-consolidated basis.
It places responsibility on the parent undertaking — the entity accountable for producing consolidated financial statements — to ensure that the rules governing ICT subcontracting for critical or important functions are applied uniformly across every financial entity within the group.
It effectively acts as a consistency and governance bridge, ensuring that compliance with the broader regulation is not fragmented across group members.
Important points:
- If you are the parent undertaking of a group, ensure that ICT subcontracting conditions are implemented consistently across all financial entities within that group.
- This obligation is triggered where subcontracting is already permitted under existing contractual arrangements for ICT services.
- The parent undertaking is responsible for ensuring these conditions are adequate for the effective application of the regulation at all relevant levels of the group.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Where this Regulation applies on a sub-consolidated or consolidated basis, the parent undertaking that is responsible for providing the consolidated or sub-consolidated financial statements for the group shall ensure that the conditions for subcontracting the use of ICT services that support critical or important functions or material parts thereof, where such subcontracting is permitted under the contractual arrangements on the use of ICT services, are implemented consistently in all financial entities that are part of the group and are adequate for the effective application of this Regulation at all relevant levels.
Relevant recitals
Recital 5 ICT intra-group subcontractors
ICT intra-group subcontractors that provide ICT services that support critical or important functions or material parts thereof, including ICT intra-group subcontractors that are fully or collectively owned by financial entities within the same institutional protection scheme, should be considered as ICT subcontractors.
Recital 6 Application of policy within a group
Where applicable, in a group context, the parent undertaking of financial entities should ensure that the policy on the use of ICT subcontractors providing ICT services that support critical or important functions or a material part thereof is applied in a consistent and coherent way within the group.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
group
Definition
parent undertaking
Definition
ICT services
Definition
critical or important function