Article 5
Ex-ante risk assessment
1. The policy shall require that the business needs of the financial entity are defined before a contractual arrangement is concluded.
2. The policy shall require that a risk assessment is conducted at financial entity level and, where applicable, at consolidated and sub-consolidated level before a contractual arrangement is concluded.
The risk assessment shall take into account all the relevant requirements laid down in Regulation (EU) 2022/2554 and applicable sectoral Union legislation. It shall consider, in particular, the impact of the provision of ICT services supporting critical or important functions by ICT third-party service providers on the financial entity and all the risks posed by the provision of those ICT services supporting critical or important functions by ICT third-party service providers, including the following:
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                               (a)  | 
                           
                               operational risks;  | 
                        
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                               (b)  | 
                           
                               legal risks;  | 
                        
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                               (c)  | 
                           
                               ICT risks;  | 
                        
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                               (d)  | 
                           
                               reputational risks;  | 
                        
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                               (e)  | 
                           
                               risks linked to the protection of confidential or personal data;  | 
                        
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                               (f)  | 
                           
                               risks linked to the availability of data;  | 
                        
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                               (g)  | 
                           
                               risks linked to the location where the data is processed and stored;  | 
                        
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                               (h)  | 
                           
                               risks linked to the location of the ICT third-party service provider;  | 
                        
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                               (i)  | 
                           
                               ICT concentration risks at entity level.  |