Article 7 Conflicts of interest

Summary What does Article 7 of the RTS on ICT third-party service provider policy say?

Article 7 addresses conflict of interest management in the context of ICT third-party service provider relationships.

It requires the policy to set out measures for identifying, preventing, and managing conflicts of interest both before and during contractual arrangements.

It also adds a specific rule for intra-group arrangements, where there is a heightened risk that commercial decisions could be influenced by internal relationships rather than objective criteria.

Important points:

Ensure your policy includes measures to identify, prevent, and manage conflicts of interest arising from ICT third-party service providers, both before signing and on an ongoing basis.
Where ICT services supporting critical or important functions are provided by an intra-group provider, your policy must require that decisions on service conditions, including financial terms, are taken objectively.
This article connects directly to the broader policy framework established throughout the regulation, meaning these conflict of interest requirements must be embedded within that overarching policy document.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

1. The policy shall specify the appropriate measures to identify, prevent and manage actual or potential conflicts of interest arising from the use of ICT third-party service providers that are to be taken before entering relevant contractual arrangements and shall provide for an ongoing monitoring of such conflicts of interest.
1. Where ICT services supporting critical or important functions are provided by ICT intra-group service providers, the policy shall specify that decisions on the conditions, including the financial conditions, for the ICT services are to be taken objectively.

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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.