Source: OJ L, 2024/1773, 25.6.2024
EN
- Digital operational resilience act
ICT third-party service providers
- RTS on ICT third-party service provider policy
Article 7 Conflicts of interest
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 means an undertaking providing ICT services; that are to be taken before entering relevant contractual arrangements and shall provide for an ongoing monitoring of such conflicts of interest.
Where 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; are provided by ICT intra-group service providers means an undertaking that is part of a financial group and that provides predominantly ICT services to financial entities within the same group or to financial entities belonging to the same institutional protection scheme, including to their parent undertakings, subsidiaries, branches or other entities that are under common ownership or control;, the policy shall specify that decisions on the conditions, including the financial conditions, for 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; are to be taken objectively.
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