News & Analysis as of

Outsourcing United Kingdom

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula: A Guide to Solvency II – Chapter 10: Governance Requirements

Solvency II is organised around three core pillars of prudential regulation, which ensure the safety and soundness of (re)insurers, in line with the scale, nature and complexity of their business: - Pillar One focuses on...more

BCLP

AI Recipe for Success - What Does Responsible Adoption of AI Really Mean in the Context of the Consumer Duty?

BCLP on

The FCA have stated that firms should “have scope to innovate whilst protecting consumers” – but what does this mean in the context of rapidly developing AI technology? In particular, how does the higher standard imposed by...more

Orrick, Herrington & Sutcliffe LLP

PRA Enforcement Against Mr Carlos Abarca: A Reminder of the Importance of Accountability and Operational Resilience

On 13 April 2023, the Prudential Regulation Authority (“PRA”) fined Mr Carlos Abarca, the former Chief Information Officer of TSB Bank plc (“TSB”) £81,620 for breaching PRA Senior Manager Conduct Rule 2. The PRA found that he...more

Hogan Lovells

UK Bank of England finalises policy on FMI outsourcing and third party risk management

Hogan Lovells on

On 8 February 2023, the Bank of England published a Policy Statement on outsourcing and third party risk management in financial market infrastructures (FMIs). The Policy Statement provides feedback to three previous Bank...more

BCLP

Cyber laws will be updated to boost UK’s resilience against online attacks

BCLP on

The UK government confirmed on 30 November 2022 that there will be changes to the UK’s cybersecurity regulations in response to a public consultation launched earlier this year. This follows recent updates relating to the...more

WilmerHale

UK Regulators Proposed Framework for Critical Third Parties

WilmerHale on

Financial services firms are increasingly reliant upon third-party companies to provide important services, ranging from cloud services and data analytics to machine learning and cash distribution. As these third parties...more

Morgan Lewis - Tech & Sourcing

Labor and Employment Law Issues in UK and EU Outsourcing Transactions, Part 2: A Conversation with Lee Harding

Welcome to the conclusion of our two-part Spotlight post with Lee Harding in which we discuss key employment/labor and employment law issues in relation to UK and EU outsourcing transactions. In Part 1, we talked about key...more

Morgan Lewis - Tech & Sourcing

Labor and Employment Law Issues in UK and EU Outsourcing Transactions, Part 1: A Conversation with Lee Harding

In this two-part edition of our Spotlight series, we welcome Lee Harding to discuss key labor and employment law issues in relation to outsourcing transactions, predominantly in the United Kingdom and European Union....more

Goodwin

ESMA Cloud Outsourcing Guidelines – Practical Points for Cloud Service Providers and Regulated Entities

Goodwin on

The European Securities and Markets Authority (“ESMA”) Final Report Guidelines on outsourcing to cloud service providers (“the Guidelines”) came into force on 31 July 2021 and apply to all cloud outsourcing arrangements...more

Morgan Lewis - Tech & Sourcing

Global Standard–Setter Publishes Revised Outsourcing Principles

The Board of the International Organization of Securities Commissions (IOSCO) has published a set of revised outsourcing principles for regulated entities. IOSCO is an international policy forum for securities regulators and...more

BCLP

Cloud, Data Centre Sale-Leasebacks and the Pandemic - Accelerating Trends for UK and European Regulated Firms

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The COVID-19 pandemic has accelerated the two linked trends of financial institutions transferring their IT infrastructure to the cloud and selling their self-owned data centres in order to lease back only the reduced space...more

Latham & Watkins LLP

Private Bank Briefing – June 2021

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The latest edition of our Private Bank Briefing provides a roundup of legal and compliance issues impacting private banks and their clients from Q2 2021. In this edition, we cover sustainable finance developments, the...more

BCLP

UK Insurers Should Begin to Comply with New PRA Mandatory Contractual Requirements for Material Outsourcings

BCLP on

The PRA’s supervisory statement on outsourcing arrangements and managing third party risk requires insurers to take action now, to ensure that outsourcing agreements which are currently being negotiated comply with the new...more

Morgan Lewis - Tech & Sourcing

UK Prudential Regulation Authority Clarifies Third-Party Risk Management Expectations

The UK Prudential Regulation Authority (PRA) published a policy statement (PS7/21) and a supervisory statement (SS2/21) on clarifying and modernizing regulatory expectations of outsourcing and third-party risk management on...more

Morgan Lewis - Tech & Sourcing

FCA Publishes Report on Implementing Technology Change

The UK Financial Conduct Authority (FCA) has published its findings on an extensive review into the factors which determine failure or success when implementing technology change in the financial services sector....more

BCLP

How have UK and US outsourcing arrangements been affected by the COVID-19 outbreak?

BCLP on

With outsourced services capable of being provided (in many cases) far from a customer’s site, in the early stages of the COVID-19 outbreak, customers and suppliers may have been confident that their outsourcing strategy...more

White & Case LLP

Operational resilience, third party risk management and impact tolerance in the time of Coronavirus

White & Case LLP on

On 5 December 2019 the Bank of England (Bank), UK Prudential Regulation Authority (PRA) and UK Financial Conduct Authority (FCA) published coordinated consultation papers and policy on new requirements to strengthen...more

Latham & Watkins LLP

Report on IT Failures in the UK Financial Services Sector

Latham & Watkins LLP on

UK Treasury Committee report warns that the current level and frequency of disruption and consumer harm is unacceptable. On 28 October 2019, the Treasury Committee published a report on IT failures in the financial...more

Latham & Watkins LLP

Trends in Outsourcing Regulation and Supervision in Financial Services

Latham & Watkins LLP on

Insights from Latham’s flagship event: Managing the risk and promise of digitisation in financial services - The financial services industry is leading the way in outsourcing, with contract values in excess of US$10.7...more

WilmerHale

UK “Outsourcing Corporate Financial Crime Enforcement to the US”, Claims Corruption Watch

WilmerHale on

Corruption Watch UK has claimed that “a company committing economic crime in the US is far more likely to be hit with criminal, civil and regulatory penalties than one in the UK.” In a hard-hitting report published on 5 March...more

Latham & Watkins LLP

What EBA’s Outsourcing Guidelines Mean for Financial Institutions

Latham & Watkins LLP on

The guidelines create new obligations for financial, payment, and electronic money institutions that will impact cloud outsourcing and deployment of FinTech. On 25 February 2019, the European Banking Authority (EBA)...more

Pillsbury - Global Sourcing Practice

New Outsourcing Playbook Published by UK Government

In what is a challenging sector—especially following recent revelations over “secretive” government-awarded post-Brexit contracts—the UK Government recently issued new guidance on outsourcing aimed at improving government...more

Latham & Watkins LLP

Outsource Service Providers to the Financial Services Industry - A Growth Sector for Buyout Firms

Latham & Watkins LLP on

Technology outsourcing by financial institutions (FIs) has increased in recent years as FIs look to the latest innovations to improve their day-to-day business processes and to reduce costs. FIs outsource key functions to a...more

Morgan Lewis

‘Living Wills’ and Other Developments in UK Public Sector Outsourcing

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The United Kingdom government’s Cabinet Office (the central procurement department for central government) is requiring major government suppliers to draft “living wills.” These are intended to safeguard the provision of...more

Morgan Lewis

UK Regulator’s Fine Indicates Continued Emphasis on Outsourcing Issues Affecting Retail Customers

Morgan Lewis on

A significant fine imposed by the UK’s Financial Conduct Authority (FCA) on an established UK insurer is further evidence of the increased scrutiny being placed on outsourcing arrangements by the financial services regulator,...more

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