Exit strategies and resolution resilience


Such contractual arrangements should also provide for dedicated exit strategies to enable, in particular, mandatory transition periods during which ICT third-party service providersan undertaking providing ICT services should continue providing the relevant services with a view to reducing the risk of disruptions at the level of the financial entity, or to allow the latter effectively to switch to the use of other ICT third-party service providersan undertaking providing ICT services or, alternatively, to change to in-house solutions, consistent with the complexity of the provided ICT service. Moreover, financial entitiesas defined in Article 2, points (a) to (t) within the scope of Directive 2014/59/EU should ensure that the relevant contracts for ICT servicesdigital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services are robust and fully enforceable in the event of resolution of those financial entitiesas defined in Article 2, points (a) to (t). Therefore, in line with the expectations of the resolution authorities, those financial entitiesas defined in Article 2, points (a) to (t) should ensure that the relevant contracts for ICT servicesdigital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services are resolution resilient. As long as they continue meeting their payment obligations, those financial entitiesas defined in Article 2, points (a) to (t) should ensure, among other requirements, that the relevant contracts for ICT servicesdigital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services contain clauses for non-termination, non-suspension and non-modification on grounds of restructuring or resolution.