MAE-3.9 MAE-3.9 Outsourcing
MAE-3.9.1
The
licensed exchange or thelicensed market operator seeking to outsource functions or activities should have the following in place:(a) Comprehensive policy to guide the assessment of whether and how these functions or activities can be appropriately outsourced;(b) The Board shall have the responsibility for the outsourcing policy and related overall responsibility for activities undertaken under that policy;(c) Thelicensed exchange or thelicensed market operator retains the ultimate responsibility for the functions or activities that are outsourced;(d) Thelicensed exchange or thelicensed market operator must notify the CBB and seek its approval before committing to an outsourcing arrangement;(e) Thelicensed exchange or thelicensed market operator must maintain and regularly review contingency plans to enable them to set-up alternative arrangements should the outsourcing provider fail;(f) The exchange must nominate amember of senior management with day-to-day responsibility for handling the relationship with the outsourcing provider and ensuring that relevant risks are addressed;(g) All the outsourcing contract must be legally enforceable;(h) A notice period of at least three months shall be required from the outsourcing party to terminate the contract; and(i) On termination all data pertaining to thelicensed exchange or thelicensed market operator shall be returned by the outsource provider to thelicensed exchange or thelicensed market operator .