Source: OJ L, 2024/2956, 2.12.2024
EN- Digital operational resilience in the financial sector
ICT third-party service providers
- ITS on register of information
Article 3 General requirements for the templates of the register of information
Financial entitiesas defined in Article 2, points (a) to (t) shall use the templates set out in Annex I to IV to maintain and update the register of information in accordance with Article 28(3) of Regulation (EU) 2022/2554, at entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; level, or at sub-consolidated and consolidated level.
Financial entitiesas defined in Article 2, points (a) to (t) shall ensure that the templates referred to in paragraph 1 include all of the following:
the relevant information in relation to all the ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; provided by direct ICT third-party providers;
information on all subcontractors that effectively underpin ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; supporting critical or important functions means a function, the disruption of which would materially impair the financial performance of a financial entity, or the soundness or continuity of its services and activities, or the discontinued, defective or failed performance of that function would materially impair the continuing compliance of a financial entity with the conditions and obligations of its authorisation, or with its other obligations under applicable financial services law; or material parts thereof.
Financial entitiesas defined in Article 2, points (a) to (t) shall ensure that the information contained in the templates referred to in paragraph 1 is accurate and consistent. Financial entitiesas defined in Article 2, points (a) to (t) shall review the information contained in the templates regularly and shall promptly correct any errors or discrepancies detected.
In case of groups means a group as defined in Article 2, point (11), of Directive 2013/34/EU;, financial entitiesas defined in Article 2, points (a) to (t) responsible for maintaining and updating the register of information at sub-consolidated and consolidated level shall ensure that information in relation to entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; level in the consolidation is correct and consistent with the information at the sub-consolidated and consolidated level.
Financial entitiesas defined in Article 2, points (a) to (t) shall ensure that the information contained in the templates referred to in paragraph 1 adhere to the following principles of data quality:
accuracy;
completeness;
consistency;
integrity;
uniformity;
validity.
Financial entitiesas defined in Article 2, points (a) to (t) shall use a valid and active legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; identifier (LEI) or the European Unique Identifier referred to in Article 16 of Directive (EU) 2017/1132 (‘EUID’), and where available both of these identifiers, to identify all of their ICT third-party service providers means an undertaking providing ICT services; that are legal persons, except for individuals acting in a business capacity.
Where an ICT service means an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881; provided by a direct ICT third-party service provider means an ICT third-party service provider or ICT intra-group service provider that signed a contractual arrangement with: a financial entity to provide its ICT services directly to that financial entity; a financial or a non-financial entity to provide its services to other financial entities within the same group; is supporting a critical or important function means a function, the disruption of which would materially impair the financial performance of a financial entity, or the soundness or continuity of its services and activities, or the discontinued, defective or failed performance of that function would materially impair the continuing compliance of a financial entity with the conditions and obligations of its authorisation, or with its other obligations under applicable financial services law; of the financial entitiesas defined in Article 2, points (a) to (t), financial entitiesas defined in Article 2, points (a) to (t) shall ensure through the direct ICT third-party service provider means an ICT third-party service provider or ICT intra-group service provider that signed a contractual arrangement with: a financial entity to provide its ICT services directly to that financial entity; a financial or a non-financial entity to provide its services to other financial entities within the same group;, that all the subcontractors of the direct ICT third-party service provider means an ICT third-party service provider or ICT intra-group service provider that signed a contractual arrangement with: a financial entity to provide its ICT services directly to that financial entity; a financial or a non-financial entity to provide its services to other financial entities within the same group; included in the register of information in accordance with paragraph 2, point (b), which effectively underpin/support ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; supporting critical or important functions means a function, the disruption of which would materially impair the financial performance of a financial entity, or the soundness or continuity of its services and activities, or the discontinued, defective or failed performance of that function would materially impair the continuing compliance of a financial entity with the conditions and obligations of its authorisation, or with its other obligations under applicable financial services law;, use a valid and active LEI or provide their EUID, and where available both of these identifiers, except if those subcontractors are individuals acting in a business capacity.
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