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5.1 Required Minimum Content

C 14/2021 STA Effective from 15/7/2021

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

  1. Scope of the arrangement, the services to be supplied, and the rights and responsibilities of all parties involved;
     
  2. Pricing and fee structure;
     
  3. Service level and performance requirements;
     
  4. Governance, security, audit, reporting and monitoring procedures;
     
  5. Business continuity and disaster recovery management;
     
  6. Confidentiality, privacy and security of information;
     
  7. Default arrangements and termination provisions, addressing also premature termination for any reason;
     
  8. Liability, indemnity and insurance;
     
  9. Compliance with anti-money laundering and combatting the financing of terrorism laws and regulations;
     
  10. Start and end date of the agreement, and provisions for reviewing, renewing or terminating the agreement;
     
  11. Dispute resolution arrangements, including designation of the legal jurisdictions that will apply;
     
  12. Whether subcontracting is allowed and under which conditions;
     
  13. Protection of Bank’s and its customers’ data handled as part of the agreement;
     
  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. 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.