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Article 5 - Ex-ante risk assessment

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.

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