This page provides AWS financial institution customers with information about the legal and regulatory requirements in Spain that may apply to their use of AWS services.
Regulations
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Can financial institutions use AWS?
Yes. Financial institutions in Spain are permitted to use cloud services, provided that they comply with applicable legal and regulatory requirements, such as those described below.
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Who are the financial regulators?
The Bank of Spain (Banco de España – the “BOE”) is the national banking authority, responsible for supervision of banks in Spain. However, since the implementation of the Single Supervisory Mechanism (EU Regulation (EU) No 468/2014), it shares supervision duties with the European Central Bank (“ECB”).
For the insurance sector, the Directorate General for Insurance and Pensions Funds (Dirección General de Seguros y Fondos de Pensiones - the “DGSFP”) is the supervisory authority.
The National Securities Market Commission (Comisión Nacional de Mercado de Valores - the “CNMV”) is the body responsible for the supervision and inspection of Spanish securities markets and the activity of all those involved in them.
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What regulations apply to financial institutions using AWS?
Financial institutions in Spain may be subject to a number of different legal and regulatory requirements when they use cloud services.
The Bank of Spain has confirmed its intention to apply the European Banking Authority Guidelines on outsourcing arrangements issued 25 February 2019 (“EBA Guidelines”) in Spain (except in relation to the outsourcing of certain banking activities and payment services under paragraphs 62 and 63 EBA Guidelines). The EBA Guidelines apply to EU-regulated credit institutions, investment firms, electronic money institutions and payment institutions, and provide guidance to these entities when they are using or planning to use cloud services.
This guidance covers a variety of contractual and operational areas, including audit rights, security of data and systems, location of data and data processing, sub-outsourcing, and contingency plans and exit strategies.
Customers that have questions about the EBA Guidelines, and how these may apply to their use of AWS services, can reach out to their account representative.
Local regulations, guidelines, and laws in Spain may also apply to financial institutions in Spain when they use cloud services. Some of these include:
- Law 10/2014 of 26 June on the regulation, supervision and solvency of credit institutions
- Royal Decree 84/2015 of 13 February implementing Law 10/2014 of 26 June on the regulation, supervision and solvency of credit institutions
- Circular 2/2016, of February 2, of the BOE
Regulations are changing rapidly in this space, and AWS is working to help customers proactively respond to new rules and guidelines. AWS encourages its financial institutions customers to obtain appropriate advice on their compliance with all regulatory and legal requirements that are relevant to their business, including the EBA Guidelines and local regulations, guidelines, and laws.
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Key considerations for financial institutions using AWS
AWS is committed to offering customers a strong compliance framework and advanced tools and security measures that customers can use to evaluate meet, and demonstrate compliance with applicable legal and regulatory requirements.
Financial institutions who are using or planning to use AWS services can take the following steps to better understand their compliance needs:
1. Consider the purpose of the workload(s) under consideration and the relevant categories of data in order to anticipate which legal and regulatory requirements may apply.
2. Assess the materiality or criticality of the relevant workload(s) in light of local requirements. For example, Section 4 of the EBA Guidelines contains materiality assessment considerations for financial institutions.
3. Review the AWS Shared Responsibility Model and map AWS responsibilities and customer responsibilities according to each AWS service that will be used. Customers can also use AWS Artifact to access AWS’s audit reports and conduct their assessment of the control responsibilities.
4. Customers who have further questions about how AWS services can enable their security and compliance needs, or who would like more information, can contact their account representative.
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Key data privacy and protection considerations for financial institutions using AWS
Financial institutions in Spain using AWS services should also consider applicable privacy requirements, including the General Data Protection Regulation (“GDPR”).
If customers process or are planning to process the personal data of data subjects in the European Union (EU), they should visit AWS’s General Data Protection Regulation (GDPR) Center. More information on these requirements is included in Navigating GDPR Compliance on AWS.
Resources
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General
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Compliance Programs
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General
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The following resources are available for download through AWS Artifact. Please note that an AWS account will be required to access AWS Artifact.
This guide provides information regarding the adoption of Amazon Web Services (AWS) cloud for entities regulated by the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA), and the European Securities and Markets Authority (ESMA), who are subject to the Digital Operational Resilience Act (DORA).
The following resources are publicly available:
This guide provides information regarding the adoption of Amazon Web Services (AWS) cloud for entities who are subject to the forthcoming Digital Operational Resilience Act (DORA). This guide describes the roles that AWS and its customers play in managing operational resilience in and on AWS, describes the AWS Shared Responsibility Model, compliance frameworks, advanced tools, and security measures that customers can use to evaluate their compliance with applicable regulatory requirements; with an overview of the DORA regulatory requirements and guidance that regulated customers can consider when adopting AWS.
This document provides information about services and resources that Amazon Web Services (AWS) offers customers to help them align with the requirements of the General Data Protection Regulation (GDPR) that might apply to their activities. These include adherence to IT security standards, the AWS Cloud Computing Compliance Controls Catalog (C5) attestation, adherence to the Cloud Infrastructure Services Providers in Europe (CISPE) Code of Conduct, data access controls, monitoring and logging tools, encryption, and key management.
This guide provides customers with sufficient information to be able to plan for and document the Payment Card Industry Data Security Standard (PCI DSS) compliance of their AWS workloads. This includes the selection of controls that meet specific PCI DSS 3.2.1 requirements, planning of evidence gathering to meet assessment testing procedures, and explaining their control implementation to their PCI Qualified Security Assessor (QSA).
This document provides information to assist customers who want to use AWS to store or process content containing personal data, in the context of common privacy and data protection considerations. It will help customers understand the way AWS services operate, including how customers can address security and encrypt their content. The geographic locations where customers can choose to store content and other relevant considerations. The respective roles the customer and AWS each play in managing and securing content stored on AWS services.
AWS has many compliance-enabling features that you can use for your regulated workloads in the AWS cloud. These features allow you to achieve a higher level of security at scale. Cloud-based compliance offers a lower cost of entry, easier operations, and improved agility by providing more oversight, security control, and central automation.
The purpose of this paper is to describe how AWS and our customers in the financial services industry achieve operational resilience using AWS services.
This paper provides insight into classification schemes for public and private organizations to leverage when moving data to the cloud. It identifies practices and models currently implemented by global first movers and early adopters, examines how implementation of these schemes can simplify cloud adoption, and recommends practices to harmonize national requirements to internationally recognized standards and frameworks.
This paper addresses: The real and perceived security risks expressed by governments when they demand in-country data residency. Commercial, public sector, and economic impact of in-country data residency policies with a focus on government data. Considerations for governments to evaluate before enforcing requirements that can unintentionally limit public sector digital transformation goals leading to increased cybersecurity risk.
This document is intended to provide information to assist AWS customers with integrating AWS into their existing control framework supporting their IT environment. This document includes a basic approach to evaluating AWS controls and provides information to assist customers with integrating control environments. This document also addresses AWS-specific information around general cloud computing compliance questions.
Guidelines for systematically reviewing and monitoring your AWS resources for security best practices.
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Compliance Programs
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ENS High
ISO 9001
PCI DSS Level 1
CISPE
ISO 27001
SOC
CSA
ISO 27017
GDPR
ISO 27018
We are continually adapting to evolving regulations. Check often for updates.