Insurance and reinsurance undertakings shall remain fully responsible for compliance with their obligations when outsourcing insurance or reinsurance functions or activities.
Insurance and reinsurance undertakings shall refrain from outsourcing significant or critical business activities or functions where such outsourcing could seriously impair the quality of the system of governance of the undertaking concerned, unduly increase operational risk, impair the ability of supervisory authorities to verify compliance with the obligations of the undertaking concerned, or adversely affect the continued provision of a satisfactory level of service to policyholders, contract holders and beneficiaries, and reinsured undertakings.
Insurance and reinsurance undertakings shall inform the Autorité de contrôle prudentiel et de résolution in advance and in a timely manner of their intention to outsource important or critical activities or functions and of any subsequent material developments concerning those functions or activities.
Insurance and reinsurance undertakings which outsource an insurance or reinsurance function or activity shall take steps to ensure that the service provider cooperates with the Autorité de contrôle prudentiel et de résolution in the performance of the outsourced function or activity, and that the undertaking, the persons responsible for auditing its accounts and the Autorité de contrôle prudentiel et de résolution have effective access to the data relating to the outsourced functions or activities.
A decree of the Conseil d’Etat shall specify the conditions of application of this article.