EBA publishes revised Guidelines on outsourcing arrangements

EBA has published its revised Guidelines on outsourcing arrangements setting out specific provisions for the governance frameworks of all financial institutions


The European Banking Authority published its revised Guidelines on outsourcing arrangements setting out specific provisions for the governance frameworks of all financial institutions within the scope of the EBA's mandate with regard to their outsourcing arrangements and related supervisory expectations and processes. The aim of the Guidelines is to establish a more harmonised framework for these financial institutions, namely credit institutions and investment firms subject to the Capital Requirements Directive (CRD), as well as payment and electronic money institutions. The recommendation on outsourcing to cloud service providers, published in December 2017, has also been integrated into the Guidelines.

 

In the context of digitalisation and given the increasing importance of new financial technology (Fintech) providers, financial institutions are adapting their business models to embrace such innovations. Some have intensified the use of Fintech solutions and have launched projects to improve their cost efficiency also in response to the intermediation margins of the traditional banking business model being put under pressure by the low interest rate environment. Outsourcing is a way to get relatively easy access to new technologies and to achieve economies of scale.

 

The new Guidelines, which are consistent with the requirements on outsourcing under the Payments Services Directive (PSD2), the Markets in Financial Instruments Directive (MiFID II) and the Commission's Delegated Regulation (EU) 2017/565[1], aim at ensuring that institutions can apply a single framework on outsourcing for all their banking, investment and payment activities and services. Such a framework also ensures a level playing field between different types of financial institutions.

 

In particular, the Guidelines clarify that the management body of each financial institution remains responsible for that institution and its activities at all times. To this end, the management body should ensure that sufficient resources are available to appropriately support and ensure the performance of those responsibilities, including overseeing all risks and managing the outsourcing arrangements. Outsourcing must not lead to a situation in which an institution becomes an ‘empty shell' that lacks the substance to remain authorised.

 

The Guidelines specify which arrangements with third parties are to be considered as outsourcing. The Guidelines differentiate between requirements on critical and important outsourcing arrangements and other outsourcing arrangements Outsourcing of critical and important functions has a higher impact on the institutions' and payment institutions' risk profile. Hence, the requirements are stricter as compared to the requirements for other less risky outsourcing arrangements.

 

Read more>>