Source: OJ L, 2025/532, 2.7.2025Current language: 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 shall have the right to provide in the contractual arrangement with the ICT third-party service provider that the contractual arrangement is to terminate in each of the following cases:
the financial entity has objected to material changes to the subcontracting arrangements supporting critical or important functions and requested for modifications to those arrangements, but the ICT third-party service provider has nevertheless implemented those material changes;
the ICT third-party service provider has implemented material changes to subcontracting arrangements supporting critical or important functions or material parts thereof before the end of the notice period without approval by the financial entity;
the ICT third-party service provider subcontracts an ICT service that supports a critical or important function or material part thereof not explicitly permitted to be subcontracted by the contract between the financial entity and the ICT third-party service provider.
Relevant recitals
Recital 11 Notification of changes and right to terminate
To enable financial entities to assess the risks associated with subcontracting arrangements or material changes thereto, ICT third-party service providers should inform the financial entities to which they provide ICT services of all such new arrangements or changes well before such arrangements or changes start to apply. For the same reason, financial entities should have the right to terminate the contract with the ICT third-party service provider where the outcome of their risk assessment shows that the new arrangements or material changes carry a level of risk that exceed their risk tolerance.
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