Commission Delegated Regulation (EU) 2026/544 Article 5: Criteria for assessing whether the compliance function has access to all relevant information

Article 5 - Criteria for assessing whether the compliance function has access to all relevant information

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Article 5

Criteria for assessing whether the compliance function has access to all relevant information

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The criteria for assessing whether the compliance function of an external reviewer has access to all relevant information, as referred to in Article 29(2), point (b), of Regulation (EU) 2023/2631, shall be the following:

((a))

the compliance function has physical and digital access rights to all information necessary to always perform its tasks effectively, including:

((i))

information systems, databases, and books and records from corporate and control functions, including legal, finance, human resources and IT;

((ii))

meeting minutes of governance bodies;

((iii))

internal and external audit reports and other reports to senior management, the management body or the supervisory body;

((iv))

whistleblower reports;

((v))

customer complaints;

((vi))

information on functions outsourced to a third-party service provider;

((vii))

information on all business units of an external reviewer that provide services other than assessment activities;

((b))

the compliance function has physical access to the business premises and facilities of the external reviewer.