Book traversal links for 5.1 Required Minimum Content
5.1 Required Minimum Content
C 14/2021 STA Effective from 15/7/2021Outsourcing agreements should establish a degree of certainty with regard to at least the following:
- Scope of the arrangement, the services to be supplied, and the rights and responsibilities of all parties involved;
- Pricing and fee structure;
- Service level and performance requirements;
- Governance, security, audit, reporting and monitoring procedures;
- Business continuity and disaster recovery management;
- Confidentiality, privacy and security of information;
- Default arrangements and termination provisions, addressing also premature termination for any reason;
- Liability, indemnity and insurance;
- Compliance with anti-money laundering and combatting the financing of terrorism laws and regulations;
- Start and end date of the agreement, and provisions for reviewing, renewing or terminating the agreement;
- Dispute resolution arrangements, including designation of the legal jurisdictions that will apply;
- Whether subcontracting is allowed and under which conditions;
- Protection of Bank’s and its customers’ data handled as part of the agreement;
- 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
- 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.