Source: OJ L, 2025/532, 2.7.2025
EN- Digital operational resilience in the financial sector
ICT third-party service providers
- RTS on subcontracting ICT services
Article 6 Termination of the contract between the financial entity and the ICT third-party service provider
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 have the right to provide in the contractual arrangement with the ICT third-party service provider means an undertaking providing ICT services; that the contractual arrangement is to terminate in each of the following cases:
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 objected to material changes to the subcontracting arrangements 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; and requested for modifications to those arrangements, but the ICT third-party service provider means an undertaking providing ICT services; has nevertheless implemented those material changes;
the ICT third-party service provider means an undertaking providing ICT services; has implemented material changes to subcontracting arrangements 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 before the end of the notice period without approval by 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;;
the ICT third-party service provider means an undertaking providing ICT services; subcontracts an ICT service means an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881; that supports 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; or material part thereof not explicitly permitted to be subcontracted by the contract between 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; and the ICT third-party service provider means an undertaking providing ICT services;.
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