The Circular 20/750 is applicable to all credit institutions, all professionals of the financial sector (PSF), as well as all payment institutions and all electronic money institutions.
Besides integrating the ICT Guidelines into its administrative practice and its regulatory approach, the CSSF expects all entities authorised according to the 1993 Law and the 2009 Law - whether or not they are also within the scope of these Guidelines - to implement the content of such ICT Guidelines in order to manage their ICT and security risks.
In addition, the Circular 20/750 amends certain provisions of the Circular 12/552 specifically on points related to IT Function (point 85 of section 5.2.3) and specifies additional reporting requirements for Payment Service Providers (“PSPs”) pursuant to Paragraph 24 of the ICT Guidelines and Article 105-1(2) of the 2009 Law. The circular also emphasises the importance of ICT and security risk management for the robust internal governance arrangements (i.e. ICT and security risk management framework, mapping of information assets and the assessment of interdependencies related to ICT and security risks).
It is particularly noteworthy that the management of ICT and security risks is vital and relevant in an ever-challenging environment in light of the implications of the Covid-19 pandemic such as a necessary interconnectedness through telecommunication channels to support home-based working models as well as the increasing frequency of ICT and security-related incidents (i.e. cyber-attacks).
For further information, the Circular 20/750 is available here (only in French).
On 28 November 2019, the European Banking Authority (the “EBA”) issued its final report entitled “Guidelines on information and communication technology (“ICT”) and security risk management” (EBA/GL/2019/04 – the “ICT Guidelines”, available here).
The aim of the ICT Guidelines is to ensure a sound ICT and security management amongst regulated entities of the financial sector and to ensure a level playing field for all financial institutions. They specify the regulatory expectations related to the management of ICT and security risks in light of the increasing reliance and vulnerability of IT systems, while being methodology agnostic. Complying with the provisions of the Guidelines should be proportionate to the financial institutions’ size and internal organisation as well as the nature, scope, complexity and riskiness of the services and products provided.
The Circular 20/750 entered into force on 25 August 2020 and repeals Circular 19/713, which at the time transposed the EBA Guidelines on security measures under PSD2.
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Technology & Digital Leader, PwC Luxembourg