Artikkel 73: Outsourcing

Offisiell tekst på engelsk.

1. Crypto-asset service providers that outsource services or activities to third parties for the performance of operational functions shall take all reasonable steps to avoid additional operational risk. They shall remain fully responsible for discharging all of their obligations pursuant to this Title and shall ensure at all times that the following conditions are met:

(a)

outsourcing does not result in the delegation of the responsibility of the crypto-asset service providers;

(b)

outsourcing does not alter the relationship between the crypto-asset service providers and their clients, nor the obligations of the crypto-asset service providers towards their clients;

(c)

outsourcing does not alter the conditions for the authorisation of the crypto-asset service providers;

(d)

third parties involved in the outsourcing cooperate with the competent authority of the crypto-asset service providers’ home Member State and the outsourcing does not prevent the exercise of the supervisory functions of competent authorities, including on-site access to acquire any relevant information needed to fulfil those functions;

(e)

crypto-asset service providers retain the expertise and resources necessary for evaluating the quality of the services provided, for supervising the outsourced services effectively and for managing the risks associated with the outsourcing on an ongoing basis;

(f)

crypto-asset service providers have direct access to the relevant information of the outsourced services;

(g)