What do all ICT third-party service providers under DORA actually have to do?

What do all ICT third-party service providers under DORA actually have to do?

The Digital Operational Resilience Act (DORA) sets strict, harmonised rules for ICT third-party service providers working with European financial institutions. But the core question remains:

What do ICT service providers actually have to do—practically, operationally, every day?


1. Support a single written, durable and permanently accessible contract

Under Art. 30(1) DORA, providers must support and maintain:

  • one single written contract (including SLAs),
  • which is downloadable, durable and permanently accessible,
  • and which contains all rights and obligations.

This means ICT providers must ensure that the contract—and every update—is maintained in a stable, accessible, non-volatile format.


2. Deliver ICT services exactly as described

Under Art. 30(2)(a) DORA, the provider must deliver:

  • all ICT services and functions,
  • exactly as contractually defined,
  • in a complete, unambiguous manner, every day.

This requires stable production operations, up-to-date documentation and reliable service delivery.


3. Operate only in the approved locations

DORA requires providers to process and store all data only in the:

  • regions or countries explicitly listed in the contract.
    (Art. 30(2)(b))

Providers must implement strict geographic controls, mapping data flows and preventing deviation.


4. Notify the financial entity before any location change

Under Art. 30(2)(b), providers must:

  • notify the financial entity in advance of any change of data location or processing site.

This prevents unapproved data transfers and ensures regulatory compliance.


5. Maintain information security

DORA imposes a daily operational duty to uphold:

  • availability,
  • authenticity,
  • integrity,
  • confidentiality

of all systems and data. (Art. 30(2)(c))

Providers must operate secure ICT environments, enforce access controls, maintain patching, encryption and network protection.


6. Guarantee continuous data access, recovery and return

Under Art. 30(2)(d), ICT providers must ensure:

  • continuous access to data,
  • restoration from backups,
  • return of data upon request,
  • and continued availability even in insolvency or internal disruptions.

This requires tested backup routines, export tools and robust recovery processes.


7. Maintain service level descriptions (including updates and revisions)

Per Art. 30(2)(e), providers must maintain:

  • up-to-date service level descriptions,
  • including revisions and updates,
  • aligned with actual performance.

This must be reflected in daily operations and performance tracking.


8. Provide immediate assistance during ICT incidents

Under Art. 30(2)(f), providers must:

  • support incident detection,
  • assist with containment and investigation,
  • help restore services,
  • at no or pre-agreed cost.

This is not optional—incident cooperation is an enforceable operational duty.


9. Cooperate fully with supervisors and authorities

Art. 30(2)(g) requires providers to:

  • answer supervisory requests,
  • provide logs, data and documents,
  • enable onsite inspections,
  • and support resolution authorities.

This requires maintaining audit-ready documentation and technical access procedures.


10. Ensure termination readiness and minimum notice periods

Under Art. 30(2)(h), providers must:

  • support termination processes,
  • honour minimum notice periods,
  • ensure data return and handover processes.

They must also maintain operational “exit readiness” at all times.


11. Participate in training and awareness activities

Per Art. 30(2)(i), ICT providers must:

  • participate in ICT-security awareness training,
  • engage in digital operational resilience training activities,
  • cooperate in client-specific DORA programmes.

This requires ongoing staff involvement, not just a contractual promise.


Important Regulatory Technical Standards (RTS)

RTS TPPol

RTS SUB


Source: BaFin, Supervisory statement: Guidance notes on the implementation of DORA for ICT risk management and ICT third-party risk management

https://www.bafin.de/SharedDocs/Downloads/EN/Anlage/dl_2024_07_08_Aufsichtsmitteilung_Umsetzungshinweise_DORA_en.html


Minimum contractual clauses

Additional information

This table contains an overview of the contractual clauses that must be agreed between the financial institution and the ICT third-party service provider in accordance with DORA or the RTS TPPol and RTS SUB.

Contractual elements that should ideally be agreed but are not explicitly listed in the legal texts are not included in this list.

Column E marks contractual requirements that are only necessary for ICT services supporting critical or important functions (cif).

Column F indicates requirements for financial entities in accordance with Article 16 DORA.
Information for microenterprises in accordance with Article 3 no. 60 DORA is provided in column G, whereby microenterprises may also fall under the simplified risk management framework in accordance with Article 16 DORA. Exception: Micro-enterprises that fall under the scope extension pursuant to section 1a (2a) KWG do not have to apply the requirements of ICT third party risk management pursuant to sentence 2 no. 3 of this paragraph.

AreaContractual clauseLocationExcerpt from the legal textCritical or important functions onlyRelevant for Art. 16 DORA enterprisesInformation for micro-enterprises
FormWritten, permanently accessible documentArt. 30 (1) DORAThe rights and obligations of the financial entity and of the ICT third-party service provider shall be clearly allocated and set out in writing. The full contract shall include the service level agreements and be documented in one written document which shall be available to the parties on paper, or in a document with another downloadable, durable and accessible format.X
FormWritten document with date and signature for significant changesArt. 8 (4) RTS TPPolThe policy shall ensure that material changes to the contractual agreement are to be formalised in a written document which is dated and signed by all parties and shall specify the renewal process for the contractual arrangements.XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
ICT service descriptionClear and complete description of all functions and ICT servicesArt. 30 (2) (a) DORAa clear and complete description of all functions and ICT services to be provided by the ICT third-party service provider, […]X
SubcontractingAdmissibility of subcontracting (“supporting critical or important functions or essential parts thereof”) and subcontracting conditionsArt. 30 (2) (a) DORA[…] indicating whether subcontracting of an ICT service supporting a critical or important function, or material parts thereof, is permitted and, when that is the case, the conditions applying to such subcontracting;XX
LocationLocations (regions or countries) of processing, storage or provisionArt. 30 (2) (b) DORAthe locations, namely the regions or countries, where the contracted or subcontracted functions and ICT services are to be provided and where data is to be processed, including the storage location, […]X
LocationNotification of intended change of locationArt. 30 (2) (b) DORA[…] and the requirement for the ICT third-party service provider to notify the financial entity in advance if it envisages changing such locations;X
SecurityInformation security objectives and data protectionArt. 30 (2) (c) DORAprovisions on availability, authenticity, integrity and confidentiality in relation to the protection of data, including personal data;X
Access to dataEnsuring access to data (e.g. in case of insolvency), restoration and returnArt. 30 (2) (d) DORAprovisions on ensuring access, recovery and return in an easily accessible format of personal and non-personal data processed by the financial entity in the event of the insolvency, resolution or discontinuation of the business operations of the ICT third-party service provider, or in the event of the termination of the contractual arrangements;X
ICT service descriptionDescriptions of the service quality, including updates and revisionsArt. 30 (2) (e) DORAservice level descriptions, including updates and revisions thereof;X
ICT incidentAssistance in an ICT incident, setting costsArt. 30 (2) (f) DORAthe obligation of the ICT third-party service provider to provide assistance to the financial entity at no additional cost, or at a cost that is determined ex-ante, when an ICT incident that is related to the ICT service provided to the financial entity occurs;X
SupervisionCooperation with competent authoritiesArt. 30 (2) (g) DORAthe obligation of the ICT third-party service provider to fully cooperate with the competent authorities and the resolution authorities of the financial entity, including persons appointed by them;X
TerminationTermination rights and minimum notice periods in line with the expectations of the competent authoritiesArt. 30 (2) (h) DORAtermination rights and related minimum notice periods for the termination of the contractual arrangements, in accordance with the expectations of competent authorities and resolution authorities;X
TrainingParticipation in financial company awareness raising and training on ICT security and digital operational resilienceArt. 30 (2) (i) DORAthe conditions for the participation of ICT third-party service providers in the financial entities’ ICT security awareness programmes and digital operational resilience training in accordance with Article 13(6).According to needs and ICT risk profile (see article 16 (1) (h) DORA), as article 13 (6) DORA is not applicable
ICT service descriptionFull description of service quality with precise quantitative and qualitative performance targets (including updates and revisions)Art. 30 (3) (a) DORAfull service level descriptions, including updates and revisions thereof with precise quantitative and qualitative performance targets within the agreed service levels to allow effective monitoring by the financial entity of ICT services and enable appropriate corrective actions to be taken, without undue delay, when agreed service levels are not met;XX
TerminationNotice periods of the ICT third-party service providerArt. 30 (3) (b) DORAnotice periods [...] of the ICT third-party service provider to the financial entity […];XX
ReportingReporting obligations of the ICT service providerArt. 30 (3) (b) DORA[...] reporting obligations of the ICT third-party service provider to the financial entity, including notification of any development that might have a material impact on the ICT third-party service provider’s ability to effectively provide the ICT services supporting critical or important functions in line with agreed service levels;XX
BCMImplement and test business contingency plansArt. 30 (3) (c) DORArequirements for the ICT third-party service provider to implement and test business contingency plans […]XX
SecurityICT security measures (appropriate level of security, in line with the financial entity’s legal framework)Art. 30 (3) (c) DORArequirements for the ICT third-party service provider […] to have in place ICT security measures, tools and policies that provide an appropriate level of security for the provision of services by the financial entity in line with its regulatory framework;XX
TLPTTLPT participation and cooperation Art. 30 (3) (d) DORAthe obligation of the ICT third-party service provider to participate and fully cooperate in the financial entity’s TLPT as referred to in Articles 26 and 27;XNot relevant as TLPT is not necessaryNot relevant as TLPT is not necessary
MonitoringRight to continuously monitor the performance of the ICT third-party service providerArt. 30 (3) (e) DORAthe right to monitor, on an ongoing basis, the ICT third-party service provider’s performance, which entails the following:XXsee Art. 30 (3) last sub-paragraph DORA
Audit rightsInspection rights for FU and CAs, including the right to make copiesArt. 30 (3) (e) (i) DORAunrestricted rights of access, inspection and audit by the financial entity, or an appointed third party, and by the competent authority, and the right to take copies of relevant documentation on-site if they are critical to the operations of the ICT third-party service provider, the effective exercise of which is not impeded or limited by other contractual arrangements or implementation policies;XXsee Art. 30 (3) last sub-paragraph DORA
Audit rightsRestriction of audit rights in case of rights of other customers are affectedArt. 30 (3) (e) (ii) DORAthe right to agree on alternative assurance levels if other clients’ rights are affected;XXsee Art. 30 (3) last sub-paragraph DORA
Audit rightsFull cooperation in on-site inspection and auditArt. 30 (3) (e) (iii) DORAthe obligation of the ICT third-party service provider to fully cooperate during the onsite inspections and audits performed by the competent authorities, the Lead Overseer, financial entity or an appointed third party; andXXsee Art. 30 (3) last sub-paragraph DORA
Audit rightsObligation to share information on audit planningArt. 30 (3) (e) (iv) DORAthe obligation to provide details on the scope, procedures to be followed and frequency of such inspections and audits;XXsee Art. 30 (3) last sub-paragraph DORA
Audit rightsExercise of audit rights by independent third parties in financial entities that are microenterprisesArt. 30 (3) last sub-paragraph DORABy way of derogation from point (e), the ICT third-party service provider and the financial entity that is a microenterprise may agree that the financial entity’s rights of access, inspection and audit can be delegated to an independent third party, appointed by the ICT third-party service provider, and that the financial entity is able to request information and assurance on the ICT third-party service provider’s performance from the third party at any time.XOption only exists for micro-enterprises
Audit rightsInformation access, inspection, audit, and ICT testing rightsArt. 8 (2) RTS TPPolThe policy shall specify that the relevant contractual arrangements are to include the right for the financial entity to access information, to carry out inspections and audits, and to perform tests on ICT. For that purpose, the policy shall require that the financial entity uses the following methods, without prejudice to the ultimate responsibility of the financial entity:XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Audit rightsAudit by internal audit or appointed third partyArt. 8 (2) (a) RTS TPPolits own internal audit or an audit by an appointed third party;XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Audit rightsPooled audit and testing, including TLPTArt. 8 (2) (b) RTS TPPolwhere appropriate, pooled audits and pooled ICT testing, including threat-led penetration testing, that are organised jointly with other contracting financial entities or firms that use ICT services of the same ICT third-party service provider and that are performed by those contracting financial entities or firms or by a third party appointed by them;XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Audit rightsThird-party certificationsArt. 8 (2) (c) RTS TPPolwhere appropriate, third-party certifications;XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Audit rightsAudit by ICT third-party service provider internal auditArt. 8 (2) (d) RTS TPPolwhere appropriate, internal or third-party audit reports made available by the ICT third-party service provider.XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Audit rightsExpansion of the scope of testing/certification when using certifications or test reports provided by the service providerArt. 8 (3) (g) RTS TPPolhas the contractual right to request, with a frequency that is reasonable and legitimate from a risk management perspective, modifications of the scope of the certifications or audit reports to other relevant systems and controls;XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Audit rightsRetention of audit rights when using certifications or test reports provided by the service providerArt. 8 (3) (h) RTS TPPolhas the contractual right to perform individual and pooled audits at its discretion with regard to the contractual arrangements and execute those rights in line with the agreed frequency.XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
ExitExit strategies and a mandatory adequate transition periodArt. 30 (3) (f) DORAexit strategies, in particular the establishment of a mandatory adequate transition period:XX
ExitExit strategy ensuring continued provision of functionsArt. 30 (3) (f) (i) DORAduring which the ICT third-party service provider will continue providing the respective functions, or ICT services, with a view to reducing the risk of disruption at the financial entity or to ensure its effective resolution and restructuring;XX
ExitExit strategy with adequate changeover optionArt. 30 (3) (f) (ii) DORAallowing the financial entity to migrate to another ICT third-party service provider or change to in-house solutions consistent with the complexity of the service provided.XX
SupervisionCooperation with competent authoritiesArt. 3 (8) (c) RTS TPPolThe policy shall explicitly specify that the contractual arrangements: […] are to require that the ICT third party service providers cooperate with the competent authorities;XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Access to dataAccess to data and premisesArt. 3 (8) (d) RTS TPPolThe policy shall explicitly specify that the contractual arrangements: [...] are to require that the financial entity, its auditors, and competent authorities
have effective access to data and premises relating to the use of ICT services supporting critical or important functions.
XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Other relevant contractual clausesRelevant contractual clauses on requirements under Art. 1(1)(a) DORA and other relevant lawsArt. 8 (1) RTS TPPolThe policy shall specify that the relevant contractual arrangement are to be in written form and are to include all the elements referred to in Article 30(2) and (3) of Regulation (EU) 2022/2554. The policy shall also include elements regarding requirements referred to in Article 1(1), point (a), of Regulation (EU) 2022/2554, as well as other relevant Union and national law as appropriate.XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
Other relevant contractual clauses - risk managementICT risk managementArt. 1 (1) (a) (i) DORA[as appropriate, requirements applicable regarding] information and communication technology (ICT) risk management;XNot relevant, as Art. 8 (1) RTS TPPol is not relevantNot relevant, as Art. 8 (1) RTS TPPol is not relevant
Other relevant contractual clauses - ICT incidentMajor ICT incident reportingArt. 1 (1) (a) (ii) DORA[as appropriate, requirements applicable regarding] reporting of major ICT-related incidents and notifying, on a voluntary basis, significant cyber threats to the competent authorities;XNot relevant, as Art. 8 (1) RTS TPPol is not relevantNot relevant, as Art. 8 (1) RTS TPPol is not relevant
Other relevant contractual clauses - ICT incidentMajor payment incident reportingArt. 1 (1) (a) (iii) DORA[as appropriate, requirements applicable regarding] reporting of major operational or security payment-related incidents to the competent authorities by financial entities referred to in Article 2(1), points (a) to (d);XNot relevant, as Art. 8 (1) RTS TPPol is not relevantNot relevant, as Art. 8 (1) RTS TPPol is not relevant
Other relevant contractual clauses - DOR testingDOR testingArt. 1 (1) (a) (iv) DORA[as appropriate, requirements applicable regarding] digital operational resilience testingXNot relevant, as Art. 8 (1) RTS TPPol is not relevantNot relevant, as Art. 8 (1) RTS TPPol is not relevant
Other relevant contractual clauses - cyber information sharingCyber information sharingArt. 1 (1) (a) (v) DORA[as appropriate, requirements applicable regarding] information and intelligence sharing in relation to cyber threats and vulnerabilities;XNot relevant, as Art. 8 (1) RTS TPPol is not relevantNot relevant, as Art. 8 (1) RTS TPPol is not relevant
Other relevant contractual clauses - risk managementThird-party risk managementArt. 1 (1) (a) (vi) DORA[as appropriate, requirements applicable regarding] measures for the sound management of ICT third-party riskXNot relevant, as Art. 8 (1) RTS TPPol is not relevantNot relevant, as Art. 8 (1) RTS TPPol is not relevant
MonitoringMeasures and key indicators to monitor performance, information security requirements and the financial entity’s policies and processArt. 9 (1) RTS TPPolThe policy shall require that the contractual arrangements specify the measures and key indicators to monitor, on an ongoing basis, the performance of ICT third party service providers, including measures to monitor compliance with requirements regarding the confidentiality, availability, integrity and authenticity of data and information, and the compliance of the ICT third-party service providers with the financial entity’s relevant policies and procedures. [...]XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
MonitoringMeasures for inadequate service qualityArt. 9 (1) RTS TPPol[…] The policy shall also specify measures that apply when service level agreements are not met, including contractual penalties where appropriate.XNot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORANot relevant, as the RTS TPPol is not applicable in accordance with Art. 28 (2) DORA
TerminationSafeguarding contractual termination rightsArt. 28 (7) DORAFinancial entities shall ensure that contractual arrangements on the use of ICT services may be terminated in any of the following circumstances:X
TerminationRight of termination in the event of significant breach of existing rulesArt. 28 (7) (a) DORAsignificant breach by the ICT third-party service provider of applicable laws, regulations or contractual terms;X
TerminationRight of termination in circumstances capable of altering the performanceArt. 28 (7) (b) DORAcircumstances identified throughout the monitoring of ICT third-party risk that are deemed capable of altering the performance of the functions provided through the contractual arrangement, including material changes that affect the arrangement or the situation of the ICT third-party service provider;X
TerminationRight of termination in the event of evidence of weaknesses in ICT risk management of the ICT third-party service providerArt. 28 (7) (c) DORAICT third-party service provider’s evidenced weaknesses pertaining to its overall ICT risk management and in particular in the way it ensures the availability, authenticity, integrity and, confidentiality, of data, whether personal or otherwise sensitive data, or non-personal data;X
TerminationRight of termination in the event of evidence of weaknesses in ICT risk management of the ICT third-party service providerArt. 28 (7) (d) DORAwhere the competent authority can no longer effectively supervise the financial entity as a result of the conditions of, or circumstances related to, the respective contractual arrangement.X
Subcontracting - TerminationTermination rights in connection with subcontractingArt. 6 (1) RTS SUBThe financial entity shall have the right to provide in the contractual arrangement with the ICT third-party service provider that the contractual arrangement is to terminate in each of the following cases: XX
Subcontracting - TerminationTermination rights when implementing material changes to subcontracting without consentArt. 6 (1) (a) RTS SUB the financial entity has objected to material changes to the subcontracting arrangements supporting critical or important functions and requested for modifications to those arrangements, but the ICT third-party service provider has nevertheless implemented those material changes;XX
Subcontracting - TerminationTermination rights when implementing material changes to subcontracting without consentArt. 6 (1) (b) RTS SUBthe ICT third-party service provider has implemented material changes to subcontracting arrangements supporting critical or important functions or material parts thereof before the end of the notice period without approval by the financial entity;XX
Subcontracting - TerminationTermination rights in case of a not explicitly permitted subcontracting of critical or important functionsArt. 6 (1) (c) RTS SUBthe ICT third-party service provider subcontracts an ICT service that supports a critical or important function or material part thereof not explicitly permitted to be subcontracted by the contract between the financial entity and the ICT third-party service provider.XX
SubcontractingObligation to replicate relevant contract clauses in case of subcontractingArt. 3 (1) (c) RTS SUBthe ICT third-party service provider ensures that the contractual arrangements with the subcontractors that provide ICT services that support critical or important functions or material parts thereof enable the financial entity to comply with its own obligations stemming from Regulation (EU) 2022/2554 and applicable Union and national legislation;XX
Subcontracting - Audit rights & access to dataObligation to grant the same inspection and access rights in case of subcontractingArt. 3 (1) (d) RTS SUBthe subcontractor grants the financial entity and competent and resolution authorities the same contractual rights of access and inspection as those granted by the ICT third-party service provider;XX
Subcontracting - PermissionDescription and conditions under which subcontracting is permittedArt. 4 (1) RTS SUBThe contractual arrangement concluded between the financial entity and the ICT third-party service provider shall identify which ICT services that support critical or important functions or material parts thereof are eligible for subcontracting and under which conditions. That contract shall specify:XX
Subcontracting - Responsibility for the provision of servicesICT third-party service provider is responsible for the provision of the services provided by the subcontractorsArt. 4 (1) (a) RTS SUBthat the ICT third-party service provider is responsible for the provision of the services provided by the subcontractors; XX
Subcontracting - MonitoringMonitoring obligation with regard to the subcontracting of critical or important functionsArt. 4 (1) (b) RTS SUBthat the ICT third-party service provider is required to monitor all subcontracted ICT services that support critical or important functions or material parts thereof to ensure that its contractual obligations with the financial entity are continuously met; XX
Subcontracting - Monitoring and reporting obligationsMonitoring and reporting obligations towards the financial entityArt. 4 (1) (c) RTS SUBthe monitoring and reporting obligations of the ICT third-party service provider towards the financial entity regarding subcontractors that provide ICT services that support critical or important functions or material parts thereof; XX
Subcontracting - Risk assessmentAssessment of all risks (incl. location-related ICT-risks)Art. 4 (1) (d) RTS SUBthat the ICT third-party service provider is to assess all risks associated with the location of the current or potential subcontractors that provide ICT service that support critical or important functions or material parts thereof, and their parent company and with the location where the ICT service concerned is provided from; XX
Subcontracting - LocationData processing and storage location of subcontracted ICT servicesArt. 4 (1) (e) RTS SUBthe location of data processed or stored by the subcontractor, where relevant; XX
Subcontracting - Monitoring and reporting obligationsSpecification of the monitoring and reporting obligations of the subcontractorArt. 4 (1) (f) RTS SUBthat the ICT third-party service provider is to specify in its contract with its subcontractors the monitoring and reporting obligations of that subcontractor towards the ICT third-party service provider, and where agreed, towards the financial entity;XX
Subcontracting - BCMObligation of continous service provision at the ICT subcontractorArt. 4 (1) (g) RTS SUBthat the ICT third-party service provider is to ensure the continuity of the ICT services that support critical or important functions throughout the chain of subcontractors in case of failure by an ICT subcontractor to meet its contractual obligations;XX
Subcontracting - BCMObligation of business contingency plans at the ICT subcontractorArt. 4 (1) (h) RTS SUBthat the contractual arrangement between the ICT third-party service provider and its subcontractors contains the requirements on business contingency plans referred to in Article 30(3), point (c), of Regulation (EU) 2022/2554 and specifies the service levels to be met by the ICT subcontractors in relation to those plans;XX
Subcontracting - SecurityICT security standards of the subcontractorArt. 4 (1) (i) RTS SUBthat the contractual arrangement between the ICT third-party service provider and its subcontractors specifies the ICT security standards and any additional security requirements referred to in Article 30(3), point (c), of Regulation (EU) 2022/2554;XX
Subcontracting - Audit rights & access to dataGranting of comparable audit, information and access rightsArt. 4 (1) (j) RTS SUBthat the subcontractor is to grant to the financial entity and relevant competent and resolution authorities the same rights of access, inspection, and audit as those referred to in Article 30(3), point (e), of Regulation (EU) 2022/2254;XX
Subcontracting - Sufficient advance noticeObligation to notify material changes to subcontracting arrangementsArt. 4 (1) (k) RTS SUBthat the ICT third-party service provider is to notify the financial entity of any material change to subcontracting arrangements;XX
Subcontracting - TerminationTermination rights of the financial entity according to article 6Art. 4 (1) (l) RTS SUBthat the financial entity has the right to terminate the contract with the ICT third-party service provider when the conditions laid down in either Article 6 of this Regulation or the conditions laid down in Article 28(7) of Regulation (EU) 2022/2554 have been fulfilled.XX
Subcontracting - Notification obligationObligation to provide information about any intended material changes in subcontractingArt. 5 (1) RTS SUBThe contractual arrangement shall provide that the ICT third-party service provider shall inform the financial entity about any intended material changes to its subcontracting arrangements well in time to enable the financial entity to assess:
(a) the impact on the risks it is or might be exposed to;
(b) whether such material changes might affect the ability of the ICT third-party service provider to meet its contractual obligations vis-a-vis the financial entity.
XX
Subcontracting - Sufficient advance noticeSufficient notice period in case of material changes in subcontractingArt. 5 (2) RTS SUBThe contractual arrangement shall contain a reasonable notice period by which the financial entity is to approve or object to the changes.XX
Subcontracting - Right to objectNo changes to subcontracting during the notification period or without consentArt. 5 (3) RTS SUBThe ICT third-party service provider shall only implement the material changes to its subcontracting arrangements after the financial entity has either approved or not objected to the changes by the end of the notice period.XX

Source: https://www.bafin.de/SharedDocs/Downloads/DE/Anlage/dl_Mindestvertragsinhalte_DORA_DE_EN.html

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