Document ID: chunk:federal_register_of_legislation:F2024C01109:reg:4:p18
Version: federal_register_of_legislation:F2024C01109
Segment Type: reg
Provision Reference: reg 4 (pt 18/34)
Character Range: 167983–171079

in which the Outsourcing Arrangement may be terminated; and
(iv)      provides for the orderly transfer of services provided under the Outsourcing Arrangement to the Market operator or another Service Provider in the event of termination of the Outsourcing Arrangement; and
(c)        while the Outsourcing Arrangement is in place, monitor the performance of the Service Provider for the purposes of ensuring the Service Provider is providing the services covered by the Outsourcing Arrangement effectively and has the ability and capacity to continue to provide those services effectively; and
(d)       have in place adequate arrangements to:
(i)         identify any conflicts of interest between the Market operator and the Service Provider, including conflicts involving Sub-Contractors and related entities of the Market operator, Service Provider and any Sub-Contractor; and
(ii)       manage any conflicts of interest which have been identified or could arise; and
(e)        have in place adequate arrangements to ensure the Market operator is able to comply with its obligations under the Act and these Rules in relation to the Critical Business Services the subject of an Outsourcing Arrangement including, without limitation, arrangements with the Service Provider to:
(i)         ensure the resilience, reliability, integrity and security of those Critical Business Services in accordance with Rule 8A.3.1; and
(ii)       ensure the confidentiality, integrity and availability of information obtained, held or used by the Market operator in relation to those Critical Business Services in accordance with Part 8A.4 of these Rules; and
(iii)     deal with a Major Event in accordance with Part 8A.5 of these Rules; and
Note: Such arrangements may include, without limitation, requirements on the Service Provider to:
(a) protect technology from security breaches and cyber-incidents; and
(b) protect proprietary and client-related information and software; and
(c) protect confidential, market-sensitive and personal information from intentional or inadvertent disclosure to unauthorised individuals; and
(d) establish, implement and maintain emergency procedures and a plan for disaster recovery with periodic testing of backup facilities.
(f)        ensure that the Market operator and its auditors are able to promptly, upon request, access books, records and other information of the Service Provider relating to the Critical Business Services; and
(g)       ensure that ASIC has the same access to all books, records and other information relating to the Critical Business Services and maintained by the Service Provider, that ASIC would have if not for the Outsourcing Arrangement; and
(h)       ensure that for each Outsourcing Arrangement, the Market operator's Board or a director or senior manager have confirmed that they have complied with the Market operator's obligations in this subrule and made a written attestation to that effect.
(2) The Market operator must comply with subrule (1) in a manner that is appropriate to:
(a)        the nature, complexity and risks of