Featured Product

    EIOPA Consults on Guidelines on Outsourcing to Cloud Service Providers

    July 01, 2019

    EIOPA launched a consultation on the guidelines for outsourcing to cloud service providers. The guidelines are addressed to insurance and reinsurance undertakings as well as national supervisory authorities in EU. The guidelines specify how the outsourcing provisions set forth in the Solvency II Directive (2009/138/EC), in the Delegated Regulation 2015/35, and in the EIOPA guidelines on system of governance need to be applied in case of outsourcing to cloud service providers. The consultation is open until September 30, 2019. These guidelines apply from July 01, 2020 to all cloud outsourcing arrangements entered into, or amended on or after this date.

    EIOPA developed these guidelines in line with its contribution to Fintech Action Plan of EC and taking into account the outcome of its Fourth Insurtech Roundtable on the use of cloud computing by (re)insurance undertakings. The guidelines aim to provide clarification and transparency to market participants and to help avoid potential regulatory arbitrages. They also intend to foster supervisory convergence regarding the expectations and processes applicable in relation to cloud outsourcing. Annex 1 to the consultation contains the impact assessment to the guidelines whereas Annex II provides an overview of questions for consultation. The key areas covered in the guidelines include the following:

    • Criteria to distinguish whether cloud services should be considered within the scope of outsourcing
    • Principles and elements of governance of cloud outsourcing, including documentation requirements and list of information part of the notification to supervisory authorities
    • Pre-outsourcing analysis, including materiality assessment, risk assessment, and due diligence on the service providers
    • Contractual requirements
    • Management of access and audit rights; security of data and systems; sub-outsourcing, monitoring, and oversight of cloud outsourcing; and exit strategies
    • Principle-based instructions for national supervisory authorities on the supervision of cloud outsourcing arrangements including, where applicable, at group level

    The use of cloud outsourcing is a common practice among all types of financial undertakings, not only for insurance and reinsurance undertakings. Moreover, the key associated risks are similar across sectors. Acknowledging these facts and recognizing the potential risks of regulatory fragmentation in developing these guidelines—in addition to the (re)insurance provisions on outsourcing—EIOPA also considered the most recent guidance published by EBA.

     

    Related Links

    Comment Due Date: September 30, 2019

    Effective Date: July 01, 2020

    Keywords: Europe, EU, Insurance, Reinsurance, Guidelines, Outsourcing, Cloud Service Providers, Governance, Fintech, Insurtech, Regulatory Arbitrage, Supervisory Convergence, Cloud Outsourcing, Solvency II, EBA, EC, EIOPA

    Featured Experts
    Related Articles
    News

    APRA Revises Standard on Margin Rules for Uncleared Derivatives

    APRA revised CPS 226, which is the prudential standard on margin and risk mitigation requirements for non-centrally cleared derivatives.

    September 19, 2019 WebPage Regulatory News
    News

    SEC Adopts Rules and Amendments Under Regulatory Regime for Swaps

    SEC announced that it took a significant step toward establishing the regulatory regime for security-based swap dealers (SBSDs) by adopting a package of rules and rule amendments under Title VII of the Dodd-Frank Act.

    September 19, 2019 WebPage Regulatory News
    News

    PRA Issues Consultation on Prudent Person Principle Under Solvency II

    PRA, via the consultation paper CP22/19, has set out its proposed expectations for investment by firms, in accordance with the Prudent Person Principle (PPP).

    September 18, 2019 WebPage Regulatory News
    News

    PRA Proposal on Probability of Default and LGD Estimation

    PRA proposed, via the consultation paper CP21/19, an approach to implementing EBA’s recent regulatory products relating to Probability of Default (PD) estimation, Loss Given Default (LGD) estimation, and the treatment of defaulted exposures in the internal ratings-based (IRB) approach to credit risk.

    September 18, 2019 WebPage Regulatory News
    News

    BIS Formalizes Agreement to Set Up Innovation Hub in Hong Kong SAR

    BIS and HKMA signed the Operational Agreement on the BIS Innovation Hub Center in Hong Kong Special Administrative Region (SAR).

    September 18, 2019 WebPage Regulatory News
    News

    APRA Observations from Thematic Review on Recovery Plans of Insurers

    APRA issued a letter to general insurers and life insurers, outlining observations from a recent thematic review on recovery planning by insurers.

    September 18, 2019 WebPage Regulatory News
    News

    BNM Publishes Financial Stability Review for the First Half of 2019

    BNM published Financial Stability Review for the first half of 2019.

    September 18, 2019 WebPage Regulatory News
    News

    CFTC Extends Comment Period for Proposals on Cross-Border Clearing

    CFTC announced that it is extending, until November 18, 2019, the comment period for the proposal for an alternative compliance framework for derivatives clearing organizations (DCOs) that are organized outside of U.S. and that do not pose substantial risk to the U.S. financial system.

    September 18, 2019 WebPage Regulatory News
    News

    FASB Issues Summary of Tentative Board Decisions at September Meeting

    FASB published a summary of the tentative decisions taken at its Board meeting in September 2019.

    September 18, 2019 WebPage Regulatory News
    News

    EIOPA Forms Consultative Expert Group on Digital Ethics in Insurance

    EIOPA established the Consultative Expert Group on Digital Ethics in Insurance to assist EIOPA in the development of digital responsibility principles in insurance.

    September 17, 2019 WebPage Regulatory News
    RESULTS 1 - 10 OF 3848