
Overview of new proposed draft EBA Guidelines
On the management of non-ICT outsourcing risk
What’s this about?
The European Banking Authority (EBA) has published a consultation on the sound management of non-ICT third-party risk i.e. outsourcing risk, which once finalised will replace the existing EBA outsourcing guidelines.
Our Head of Risk and Financial Crime, Ben Cooper says...
“If your firm operates in the European Economic Area, this consultation is significant. Once finalised, the new guidelines will require a full legal and compliance review of how you manage outsourcing.”
The consultation:
Aims to strengthen governance and risk management of third-party service provider (TPSP) arrangements by financial entities.
Applies to credit institutions, investment firms (excluding small/non-interconnected), payment institutions, electronic money institutions, issuers of asset-referenced tokens, and certain creditors. As such the scope of outsourcing guidelines is extended to cover more investment firms, MiCAR authorised issuer of asset reference tokens and non-bank creditors under the Mortgage Credit Directors.
Covers non-ICT services; ICT services are governed by The Digital Operational Resilience Act.
- Firms remain fully responsible for all outsourced functions.
- Use of TPSP must not result in “empty shell” institutions lacking substance.
- Proportionality principle applies based on size, complexity, and risk profile.
Management body must:
Approve and oversee TPSP risk strategy.
Ensure adequate resources and internal controls.
Maintain business continuity and exit strategies.
Internal audit must review TPSP arrangements, especially critical ones.
1. Pre-Contractual Phase
Risk assessment, due diligence, conflict of interest checks.
Supervisory conditions for TPSPs, especially in third countries.
2. Contractual Phase
Clear allocation of responsibilities.
Audit, access, and termination rights.
Subcontracting conditions for critical functions.
3. Monitoring
Ongoing performance evaluation.
Reassessment of criticality and risk.
Regular reporting to management.
4. Exit Strategies
Documented plans for critical functions.
Ensure continuity during transition or termination.
Defined as functions whose disruption would:
Impair financial performance.
Affect compliance or service continuity.
Stricter requirements apply (e.g., audit rights, exit plans, due diligence).
Maintain a detailed register of all TPSP arrangements.
Include criticality, subcontracting, audit history, and cost data.
Submit register and updates to competent authorities upon request.
- Supervise third-party arrangements through supervisory review and evaluation processes.
- Monitor concentration risks and systemic implications.
- Ensure entities are not operating as “letter-box” institutions.
- Annex I of the proposed guidelines provide a set of examples to help firms with the classification of functions provided by TPSPs. The list is not exhaustive, and firms are encouraged to use their own classification methods if those are more suitable or accurate.
Consultation open until 8 October 2025
Guidelines apply from a future date (TBD), with a 2-year transitional period for existing arrangements
At a glance...
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