Updated 18/09/2024
In force

Version from: 26/03/2021
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SRMR ToolDelegated Regulation 2017/2361
Article 12

Article 12 - Outsourcing

Article 12

Outsourcing

1.  
The Board may decide on the full or partial outsourcing of specific tasks provided for in this Regulation.
2.  
The Board shall restrict any outsourcing to technical tasks which are related to the raising of contributions and do not involve the exercise of its powers as regards the determination of contributions.
3.  
Any mandate given to a service provider for the purposes of outsourcing tasks shall clearly state the duration of the mandate and the specific tasks that are outsourced and establish a framework for regular reporting by the service provider to the Board.
4.  
Any contract between the Board and a service provider for the purposes of outsourcing tasks in accordance with paragraph 1 shall include clauses governing the Board's cancellation rights, rights relating to further subcontracting and non-performance by the service provider.
5.  
Where the Board fully or partially outsources tasks in accordance with paragraph 1, it shall remain fully responsible for discharging all of its obligations under Regulation (EU) No 806/2014 and this Regulation.
6.  

Where the Board fully or partially outsources tasks in accordance with paragraph 1, it shall ensure at all times that:

(a) 

any contract concluded for the purposes of the outsourcing does not provide for the delegation of the Board's responsibility;

(b) 

any contract concluded for the purposes of the outsourcing does not provide for an exclusion of the Board's accountability under Article 45 and Article 46(1) of Regulation (EU) No 806/2014, or of its independence under Article 47 of that Regulation;

(c) 

the outsourcing does not result in depriving the Board from the necessary systems and controls to manage the risks it faces;

(d) 

the service provider implements business continuity arrangements equivalent to those of the Board;

(e) 

the Board retains the necessary expertise and resources to evaluate the quality of the services provided and the organisational adequacy of the service provider; the Board supervises the outsourced functions effectively and manages the risks associated with the outsourcing on an ongoing basis;

(f) 

the Board has direct access to the relevant information allowing it to exercise the necessary control on the outsourced tasks.

7.  
Where the Board fully or partially outsources tasks in accordance with paragraph 1, it shall ensure that the service provider is obliged to comply with the Board's internal legal requirements and principles concerning security and confidentiality. Any confidential information relating to the Board and accessible to the service provider shall be used only to the extent necessary for the fulfilment of the mandate conferred by the Board.
8.  
Before taking any decision on outsourcing, the Board shall obtain the consent of the ECB to share the data provided by the ECB with a service provider, in accordance with applicable confidentiality provisions.