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In this act Article 5 of 11
Text as of 26 Oct 2026 · Commission Delegated Regulation (EU) 2024/1773, OJ L, 2024/1773, 25.6.2024 · Same wording as today’s text.Today’s text

Article 5 — Ex-ante risk assessment

Financial servicesLevel 2RTSDORAIn forceOfficial source

5(1)

1.The policy shall require that the business needs of the financial entity are defined before a contractual arrangement is concluded.

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5(2)

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:

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5(2)(a)
a)operational risks;
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5(2)(b)
b)legal risks;
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5(2)(c)
c)ICT risks;
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5(2)(d)
d)reputational risks;
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5(2)(e)
e)risks linked to the protection of confidential or personal data;
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5(2)(f)
f)risks linked to the availability of data;
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5(2)(g)
g)risks linked to the location where the data is processed and stored;
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5(2)(h)
h)risks linked to the location of the ICT third-party service provider;
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5(2)(i)
i)ICT concentration risks at entity level.\
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