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5.1 Required Minimum Content

C 14/2021 STA

Outsourcing agreements should establish a degree of certainty with regard to at least the following:

  1. 1.Scope of the arrangement, the services to be supplied, and the rights and responsibilities of all parties involved;
  2. 2.Pricing and fee structure;
  3. 3.Service level and performance requirements;
  4. 4.Governance, security, audit, reporting and monitoring procedures;
  5. 5.Business continuity and disaster recovery management;
  6. 6.Confidentiality, privacy and security of information;
  7. 7.Default arrangements and termination provisions, addressing also premature termination for any reason;
  8. 8.Liability, indemnity and insurance;
  9. 9.Compliance with anti-money laundering and combatting the financing of terrorism laws and regulations;
  10. 10.Start and end date of the agreement, and provisions for reviewing, renewing or terminating the agreement;
  11. 11.Dispute resolution arrangements, including designation of the legal jurisdictions that will apply;
  12. 12.Whether subcontracting is allowed and under which conditions;
  13. 13.Protection of Bank’s and its customers’ data handled as part of the agreement;
  14. 14.Requirements for the outsourcing service provider to notify the Bank without undue delay of any breach of the Bank’s data, in particular breaches of Confidential Data; and
  15. 15.Right of the Central Bank, and any agent appointed by the Central Bank, to conduct on-site visits at the outsourcing service provider and obtain any data or information from the outsourcing service provider required for supervisory purposes.