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:
(a) |
operational risks; |
(b) |
legal risks; |
(c) |
ICT risks; |
(d) |
reputational risks; |
(e) |
risks linked to the protection of confidential or personal data; |
(f) |
risks linked to the availability of data; |
(g) |
risks linked to the location where the data is processed and stored; |
(h) |
risks linked to the location of the ICT third-party service provider; |
(i) |
ICT concentration risks at entity level. |