Post by Founders Law
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When it comes to outsourcing agreements, everyone is usually happy to talk about the commercials. Then someone mentions audit rights. Suddenly you're debating who can audit, when they can audit, how much notice they need, what they can see, who pays for it, and whether they can bring their friends (aka external auditors) along too. For fintechs and other regulated businesses, audit rights aren't just another contractual clause. They're a key part of outsourcing compliance and regulatory oversight. The challenge? Finding the balance between giving regulated firms the access they need and ensuring service providers can continue running their business without constant disruption. In the latest instalment of our Outsourcing Explained series, we take a practical look at: ā What the EBA Outsourcing Guidelines actually require ā What's negotiable (and what isn't) ā The different perspectives of regulated firms and service providers ā Why substitute assurances like SOC 2 reports and ISO certifications can sometimes save everyone a headache If you're negotiating an outsourcing agreement, it's worth getting this clause right before it becomes the thing holding up the deal. š Read the full article in the comments below. #PoweringTheHyperAmbitious #Fintech #LegalAdvice Dimitrios Karakolis