Article 5 Ex-ante risk assessment

1.   The policy shall require that the business needs of the financial entity are defined before a contractual arrangement is concluded.

2.   The policy shall require that a risk assessment is conducted at financial entity level and, where applicable, at consolidated and sub-consolidated level before a contractual arrangement is concluded.

The risk assessment shall take into account all the relevant requirements laid down in Regulation (EU) 2022/2554 and applicable sectoral Union legislation. It shall consider, in particular, the impact of the provision of ICT services supporting critical or important functions by ICT third-party service providers on the financial entity and all the risks posed by the provision of those ICT services supporting critical or important functions by ICT third-party service providers, including the following:

  1. (a)
    operational risks;
  2. (b)
    legal risks;
  3. (c)
    ICT risks;
  4. (d)
    reputational risks;
  5. (e)
    risks linked to the protection of confidential or personal data;
  6. (f)
    risks linked to the availability of data;
  7. (g)
    risks linked to the location where the data is processed and stored;
  8. (h)
    risks linked to the location of the ICT third-party service provider;
  9. (i)
    ICT concentration risks at entity level.