Article 6 Outsourcing and procurement
(Article 48(1) of Directive 2014/65/EU)
1. Trading venues outsourcing all or part of their operational functions in relation to the systems allowing or enabling algorithmic trading shall ensure that:
(a) the outsourcing agreement exclusively relates to operational functions and does not alter the responsibilities of the senior management and the management body;
(b) the relationship and obligations of the trading venue towards its members, competent authorities, or any third parties, such as clients of data feed services are not altered;
(c) they meet the requirements that they must comply with in order to be authorised in accordance with Title III of Directive 2014/65/EU.
2. For the purposes of this article, operational functions shall include all direct activities related to the performance and surveillance of the trading systems supporting the following elements:
(a) upstream connectivity, order submission capacity, throttling capacities and ability to balance customer order entrance through different gateways;
(b) trading engine to match orders;
(c) downstream connectivity, order and transaction edit and any other type of market data feed;
(d) infrastructure to monitor the performance of the elements referred to in points (a), (b) and (c).