CHAPTER XOPERATIONAL RISKS(Article 45(1) to (6) of Regulation (EU) No 909/2014)

SECTION 4 Business continuity

Article 76Strategy and policy

1.

A CSD shall have a business continuity policy and associated disaster recovery plan that is:

(a)

approved by the management body;

(b)

subject to audit reviews that shall be reported to the management body.

2.

A CSD shall ensure that the business continuity policy:

(a)

identifies all its critical operations and IT systems and provides for a minimum service level to be maintained for those operations;

(b)

includes the CSD's strategy and objectives to ensure the continuity of operations and systems referred to in point (a);

(c)

takes into account any links and interdependencies to at least:

  1. (i)

    users;

  2. (ii)

    critical utilities and critical service providers;

  3. (iii)

    other CSDs;

  4. (iv)

    other market infrastructures;

(d)

defines and documents the arrangements to be applied in the event of a business continuity emergency or major disruption of the CSD's operations in order to ensure a minimum service level of critical functions of the CSD;

(e)

identifies the maximum acceptable period of time which critical functions and IT systems may be out of use.

3.

A CSD shall take all reasonable steps to ensure that settlement is completed by the end of the business day even in case of a disruption, and that all the users' positions at the time of the disruption are identified with certainty in a timely manner.