Article 2Note: This article is based on the final draft from the ESAs and is not yet adopted. Definitions
For the purposes of this Regulation, the following definitions shall apply:
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‘direct ICT third-party service provider’ means an ICT third-party service provideran undertaking providing ICT services or ICT intra-group service provideran undertaking that is part of a financial group and that provides predominantly ICT services to financial entities within the same group or to financial entities belonging to the same institutional protection scheme, including to their parent undertakings, subsidiaries, branches or other entities that are under common ownership or control that signed a contractual arrangement with:
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a financial entity to provide its 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 directly to that financial entity;
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a financial or a non-financial entity to provide its services to other financial entitiesas defined in Article 2, points (a) to (t) within the same groupa group as defined in Article 2, point (11), of Directive 2013/34/EU.
The rank of the direct ICT third-party service provideran undertaking providing ICT services in the ICT service supply chain is always ‘1’.
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‘subcontractor’ means an ICT third-party service provideran undertaking providing ICT services or ICT intra-group service provideran undertaking that is part of a financial group and that provides predominantly ICT services to financial entities within the same group or to financial entities belonging to the same institutional protection scheme, including to their parent undertakings, subsidiaries, branches or other entities that are under common ownership or control that provides 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 to another ICT third-party service provideran undertaking providing ICT services in the same ICT service supply chain.
The rank of the subcontractor in the ICT service supply chain is always higher than ‘1’;
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‘ICT service supply chain’ means a sequence of contractual arrangements connected with the ICT service being provided by the direct ICT third-party service provideran undertaking providing ICT services to the financial entity, starting with the direct ICT third-party service provideran undertaking providing ICT services which has one or multiple other ICT third-party service providersan undertaking providing ICT services as counterparties (subcontractors);
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‘rank’ means the position of an ICT third-party service provideran undertaking providing ICT services in the ICT service supply chain. The rank assigned to each ICT third-party service provideran undertaking providing ICT services is any natural number higher or equal to ‘1’. The lower the natural number assigned to the rank, the closer the arrangement is to the financial entity.