Art. 5 Material changes to subcontracting arrangements of ICT services that support critical or important functions or material parts thereof | RTS on subcontracting ICT services | DORA

1. The contractual arrangement shall provide that the ICT third-party service provider means an undertaking providing ICT services; shall inform the financial 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; about any intended material changes to its subcontracting arrangements well in time to enable the financial 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; to assess:
  1. the impact on the risks means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; it is or might be exposed to;
  2. whether such material changes might affect the ability of the ICT third-party service provider means an undertaking providing ICT services; to meet its contractual obligations vis-a-vis the financial 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;.
1. The contractual arrangement shall contain a reasonable notice period by which the financial 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; is to approve or object to the changes.
1. The ICT third-party service provider means an undertaking providing ICT services; shall only implement the material changes to its subcontracting arrangements after the financial 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; has either approved or not objected to the changes by the end of the notice period.
1. Where the financial 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; is of the opinion that the material changes referred to in paragraph 1 exceed the financial 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;’s risk means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; tolerance, the financial 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; shall, before the end of the notice period:
  1. inform the ICT third-party service provider means an undertaking providing ICT services; thereof;
  2. object to the changes and request modifications to those changes before they are implemented.