EBA · 2025_7332 Rejected question

Subcontracting

Regulation
Regulation (EU) No 2022/2554 (DORA Reg)
Article
30
Topic
Register of information (DORA)
Submitted by
Other
Submitted
2025-02-07
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Question

Should a vendor be identified as a "subcontractor" simply because the ICT intra-group service provider to whom it provides services is part of a European financial group, even though the ICT services provided by the vendor are not connected to the ICT services provided by the intra-group service provider to FEs in their group.

Background

Company A licenses payments software to Company B.  Company B is not an FE, but is part of a financial group including EEA-regulated FEs as well as financial institutions in non-EEA jurisdictions.  Company B provides ICT services in support of these FEs' CIFs and is therefore an intra-group ICT service provider.  Company B also supports the financial institutions in the non-EEA jurisdictions. The software provided by Company A to Company B is only used to support the operations of the non-EEA financial institutions; it is not used to support the operations/CIFs of any EEA FEs. Company B insists that Company A is a subcontractor subject to DORA because Company B's group is a consolidated financial group and focuses on ICT risk management from a group perspective.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2025_7332

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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