Page 47 - 期貨和衍生品行業監管動態（2024年7月刊）

期貨和衍生品行業監管動態

Standards (RTS) specifying how to determine and assess the conditions for

subcontracting information and communication technology (ICT) services that

support critical or important functions under the Digital Operational Resilience Act

(DORA). These RTS aim at enhancing the digital operational resilience of the EU

financial sector by strengthening the financial entities’ ICT risk management over the

use of subcontracting.

These RTS focus on ICT services provided by ICT subcontractors that support

critical or important functions, or material parts of them. In addition, they specify the

requirements throughout the lifecycle of contractual arrangements between financial

entities and ICT third-party service providers. In particular, they require financial

entities to assess the risks associated with subcontracting during the precontractual

phase, including the due diligence process.

Requirements for the implementation and management of contractual

arrangements on subcontracting conditions are defined with these RTS, to ensure that

financial entities monitor the subcontractors effectively underpinning the ICT services

that support critical or important functions and remain in control of their risks.

Today’s RTS finalise the publication of the ESAs’ second batch of regulatory

products under DORA.

https://www.esma.europa.eu/press-news/esma-news/esas-published-joint-final-report-

draft-technical-standards-subcontracting

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