2023-11-21
The Executive Board of the National Bank of Serbia issued this Decision to establish regulatory terms and conditions for financial institutions outsourcing information system activities to third parties. The regulation mandates that institutions maintain full responsibility for outsourced functions, implement rigorous risk management frameworks, and ensure business continuity through detailed exit strategies and service level agreements. Financial institutions are required to notify the regulator at least 30 days prior to concluding outsourcing contracts and submit comprehensive documentation regarding provider selection, risk assessment, and supervisory access.
RS Official Gazette, No 100/23 Pursuant to Article 15, paragraph 1 and Article 63, paragraph 3 of the Law on the National Bank of Serbia (RS Official Gazette, Nos 72/2003, 55/2004, 85/2005 – other law, 44/2010, 76/2012, 106/2012, 14/2015, 40/2015 – CC decision and 44/2018), the Executive Board of the National Bank of Serbia issues the following DECISION ON TERMS AND CONDITIONS OF OUTSOURCING RELATING TO FINANCIAL INSTITUTION’S INFORMATION SYSTEM Introductory provisions
2 4) service provider means a legal person or entrepreneur to which the financial institution outsourced activities or a part of activities relating to its information system; 5) sub-outsourcing means a set of activities undertaken for the purpose of concluding a contract between the service provider and the subservice provider, based on which the service provider further outsources some activities within the information system-related activities outsourced to it (the service provider) by the financial institution, while such activities must include the granting of the financial institution’s prior consent to the conclusion of that contract; 6) subservice provider means a legal person or entrepreneur to which the service provider outsourced activities or a part of activities relating to the information system of the financial institution; 7) cloud services means services where, on request, a widely distributed and adequate network access to the joint set of adaptable information system resources is enabled (i.e. networks, servers, data storage devices, applications, services etc.), which can be easily provisioned and released, with minimum engagement of the service provider. Notion and scope of outsourcing of information system-related activities 3. The outsourcing shall be performed in line with regulations governing the operation of financial institutions, unless stipulated otherwise by this Decision. 4. The activities that the financial institution can outsource to the service provider, to which the provisions of this Decision shall apply, include in particular the following:
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4 7. The competent management body of the financial institution shall be responsible for efficient application of this Decision, compliance and application of regulatory requirements, management of risks relating to outsourced activities, and the monitoring and supervision of outsourced activities. 8. In order to ensure adequate management, monitoring and supervision of outsourced activities, in accordance with the nature, scope and complexity of operation, and the complexity of the information system, the financial institution shall set up an adequate organisational structure, with a clearly defined division of tasks and duties of employees, for the purpose of safe and sound functioning of that system. Framework for managing the outsourced activities 9. The financial institution shall regulate by its internal acts the procedure of outsourcing in order to cover:
5 10. The financial institution shall establish continuous supervision of the performance of outsourced activities which includes the following:
6 Management of risks arising from outsourced activities 13. The financial institution shall adequately manage information system risks and other risks arising from outsourced activities. The financial institution shall establish the management of risks arising from outsourced activities as a continuous process. Within the assessment of risks arising from outsourced activities, the financial institution shall identify information system resources affected by those activities, potential security threats to the information system and damage that may occur if those threats materialised, and/or shall identify, assess and monitor information system risks, and determine and regularly reexamine controls whereby those risks would be mitigated. In risk assessment, the financial institution shall take into account the expected benefits and costs arising from the procedure of outsourcing concrete activities, risks arising from outsourcing to the service provider which cannot be easily replaced, risks connected with a larger number of contracts concluded with the same service provider or related persons and risks connected with sub-outsourcing, and shall, in relation to this, undertake measures with the aim of managing and/or mitigating those risks. Outsourcing procedure 14. Outsourcing shall be performed based on the contract concluded between the financial institution and the service provider, pursuant to which the service provider carries out specific activities, and/or provides specific services in relation to the financial institution’s information system, which would otherwise be performed by the financial institution. The financial institution outsourcing activities to persons referred to in Section 5, paragraph 2 of this Decision shall ensure that the concluded contracts referred to in paragraph 1 of this Section are in compliance with laws and other regulations of the Republic of Serbia. 15. Before making the decision on each individual outsourcing, and/or change of the service provider, the financial institution shall:
7 employees designated to perform the outsourced activity, financial position and business reputation; 3) assess whether interruptions in provision or inadequate level of the provided service may have a negative impact on the continuity of operation of the financial institution and the services it provides, and/or whether the activity it outsources impacts the critical/key business process; 4) determine whether there is dependence on a single service provider; 5) determine whether the regulations of the country or countries in which the potential service provider operates enable the National Bank of Serbia to smoothly exercise on-site supervision of that operation in the part that concerns or is related to the performance of outsourced activities; 6) assess potential difficulties and time required for the selection of another service provider or the possibility of resuming the performance of those activities by the financial institution in the event of termination of the provision of the contracted services, as well as determine an appropriate exit strategy; 7) when possible, carry out an analysis of the success of previous cooperation with a particular service provider. When making the decision referred to in paragraph 1 hereof or when making a significant change to the outsourced activity (e.g. adding/removing services, application solutions, etc.), the financial institution shall particularly assess the impact of outsourcing on:
8 3) the list of measures and activities that need to be undertaken from the moment of termination of the provision of contracted services until the selection of another service provider or full establishment of the process of performing those activities within the financial institution, as well as the dynamics of their implementation; 4) analysis of the financial and human resources required for the implementation of this strategy, including the performance of activities within the financial institution; 5) provision of conditions for the performance of outsourced activities to be continued by another service provider or the financial institution itself (procurement of software components, hardware components, licences, etc.). 18. The financial institution shall ensure that every contract concluded with the service provider contains in particular the provisions that:
9 elimination of observed defects or emergency interventions in the event of an incident; 11) determine the conditions based on which the contract may be terminated; 12) determine the obligation of the service provider referred to in Section 31, paragraphs 1 and 2 of this Decision; 13) establish the obligation of the service provider to fully comply with the regulations of the Republic of Serbia when providing services. 19. The financial institution shall ensure that the outsourcing does not jeopardise security or functionality of its information system, as well as that the financial institution’s data remain in its possession, and/or under its control. The financial institution shall ensure that the service provider performs outsourced activities in accordance with the information system security policy and other acts of the financial institution that regulate the security of its information system. The financial institution shall ensure maintenance and regular testing of its business continuity plans with service providers for all outsourced critical/key business processes. When outsourcing and/or performing outsourced activities, the financial institution and the service provider shall act in accordance with the law governing personal data protection, as well as other regulations governing the keeping of secrets arising from the operation of financial institutions. 20. The financial institution can outsource certain activities and conclude an outsourcing contract, significantly change the outsourcing contract (by adding/removing outsourced activities) and change the service provider, i.e. select a new service provider – only if it notifies the National Bank of Serbia thereof no later than 30 days before concluding the outsourcing contract or its annex, in the form contained in Annex 1, which is printed along with this Decision and makes its integral part. Along with the notification referred to in paragraph 1 of this Section, the financial institution shall submit:
10 3) a detailed analysis of the service provider, the conditions it must fulfil and the criteria based on which it was selected; 4) results of the assessment referred to in Section 15, paragraph 2 of this Decision; 5) the exit strategy referred to in Section 17 of this Decision; 6) evidence that the regulations of the country, and/or the countries in which the service provider operates enable the National Bank of Serbia to smoothly perform on-site supervision of operations in the part that concerns or is related to the performance of outsourced activities – if the service provider is headquartered outside the Republic of Serbia or if contracted that the outsourced activities be performed outside the Republic of Serbia. If, on the basis of the notification, documentation and evidence referred to in paragraph 2 of this Section, it is not possible to determine all the facts important for acting on that notification, the National Bank of Serbia may request from the financial institution to supply other documentation that it deems necessary. If the contract referred to in paragraph 1 of this Section is changed in such way that the changes refer to the duration of that contract, financial conditions (price of services) or changes to provisions that do not affect the performance of outsourced activities – the financial institution shall, no later than 15 days before the conclusion of the annex to that contract, inform the National Bank of Serbia thereof in the form contained in Annex 1, and shall submit to it the draft annex. Deadlines referred to in paragraphs 1 and 4 of this Section shall be counted from the day of submission of complete documentation referred to in this Section. 21. The National Bank of Serbia shall particularly assess whether outsourcing to the service provider may lead to the concentration of participants in the market of information technology services provided to financial institutions or to the dominant position of the service provider in that market, which may negatively impact this market, smooth functioning of the payment system or financial stability. The National Bank of Serbia can give the assessment referred to in paragraph 1 of this Section after submission of the notification along with complete documentation referred to in Section 20 of this Decision, before or after outsourcing at any time. If it assesses that outsourcing to the service provider may lead to the concentration of participants in the market of information technology services provided to financial institutions or to the dominant position of the service
11 provider in that market, which may negatively impact this market or the smooth functioning of the payment system or financial stability – the National Bank of Serbia shall notify the financial institution thereof, based on which the institution cannot outsource the activities to the service provider referred to in paragraph 1 of this Section. If it received the notification referred to in this paragraph after outsourcing – the financial institution shall terminate the outsourcing contract within the period determined by the National Bank of Serbia, which cannot be shorter than three months from the date of receipt of that notification. 22. The financial institution shall submit the contract referred to in Section 20, paragraph 1 of this Decision to the National Bank of Serbia, including the annexes to that contract, within 15 days from the date of conclusion of that contract, and/or the annex. In the event that the concluded contract differs from the draft contract submitted by the financial institution along with the notification referred to in Section 20, paragraph 1 of this Decision, when submitting the contract referred to in this Section, it is necessary to indicate the part in which the changes were made. In the event of termination of the contract referred to in paragraph 1 of this Section, the financial institution shall inform the National Bank of Serbia thereof without delay. Sub-outsourcing procedure 23. The service provider may outsource to the subservice provider the activities outsourced to it by the financial institution or other tasks related to those activities – only with the prior consent of the financial institution, which is issued in each individual case. In the event of critical/key business processes, before giving the consent referred to in paragraph 1 of this Section, the financial institution shall assess the risks associated with sub-outsourcing and the risks that may arise when one service provider engages several subservice providers for the implementation of outsourced activities (complex outsourcing chains). 24. The financial institution shall ensure that every contract concluded with the subservice provider contains in particular the provisions that:
12 4) provide the financial institution with the right to object to the quality and level of services provided, and potentially terminate the contract with the service provider or the right to require the service provider to terminate the contract with the subservice provider; 5) define the locations where the sub-outsourced activities will be performed and the locations where data will be processed and stored; 6) regulate the method of access to the financial institution’s information system, and/or the method of managing access rights when this is necessary to provide the service; 7) establish the obligation of the subservice provider to fully comply with the regulations of the Republic of Serbia when providing services. 25. The financial institution may give the consent referred to in Section 23, paragraph 1 of this Decision only if it has notified the National Bank of Serbia of the intended sub-outsourcing no later than 30 days before the consent, in the form contained in Annex 1. Along with the notification referred to in paragraph 1 of this Section, the financial institution shall submit:
13 27. In the event of outsourcing referred to in Section 26 of this Decision, the financial institution shall additionally determine:
14 Supervision of outsourced activities 31. The financial institution shall ensure that the service provider provides to it, the external auditor and the National Bank of Serbia timely and unrestricted access to documentation and data related to outsourced activities. The financial institution shall also enable the National Bank of Serbia to smoothly perform on-site supervision of outsourced activities on the premises of the service provider or subservice provider, and/or at the location where outsourced activities are performed. If in the process of supervision, it determines that the financial institution, due to omissions in the work of the service provider or subservice provider, does not act in accordance with this Decision and other regulations – the National Bank of Serbia may order the financial institution to terminate the outsourcing contract concluded with the service provider. 32. The financial institution shall be fully responsible for the activities it has outsourced to the service providers. 33. The financial institution shall take appropriate measures, including the termination of the contract, if the service provider or subservice provider does not act in accordance with the contract, regulations or professional standards or if significant omissions have been determined in connection with the keeping of confidentiality, integrity, availability, authenticity, provability, non-repudiation and reliability in the information system. 34. The financial institution shall regularly supervise the services provided, and/or perform at least once a year:
15 Records of outsourced activities 35. The financial institution shall keep up-to-date records of outsourced information system-related activities, containing:
16 Nos 23/2013, 113/2013, 2/2017, 88/2019 and 37/2021) with the provisions of this Decision upon the first change of the contract, and no later than 31 December 2024. 38. As of the day of application of this Decision, Sections 40 to 48a of the Decision on Minimum Information System Management Standards for Financial Institutions (RS Official Gazette, Nos 23/2013, 113/2013, 2/2017, 88/2019 and 37/2021) shall cease to be valid. 39. This Decision enters into force on the eighth day following its publication in the Official Gazette of the Republic of Serbia, and applies starting from 1 March 2024. NBS EB No 83 Chairperson 9 November 2023 Executive Board of the National Bank of Serbia Belgrade Governor National Bank of Serbia Dr Jorgovanka Tabaković, sgd.