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Dr hab. Jan Byrski
ORCID: 0000-0001-8335-3378

Associate professor at the Institute of Law of the University of Economics in Krakow, attorney, partner at the law firm Traple Konarski Podrecki & Partners.

 
DOI: 10.33226/0137-5490.2024.6.2
JEL: G20, G21, K23

The purpose of this article is to present and discuss the newly introduced amendments to the Banking Law regarding the institution of outsourcing in banking activity. Both the doctrine of the subject, regulations of the European Union law, as well as many years of experience and criticism in the application of the existing regulations in the banking sector have mobilised the drafter to present and then enact the amendment. The issue of the regulation of banking outsourcing is significant not only from the point of view of legal theory, but also – or perhaps above all – from the point of view of legal practice. The author gives a generally positive assessment of the amendments introduced. At the same time, their interpretation and manner of application are presented. Nevertheless, with regard to some of them I formulate critical remarks and propose further de lege ferenda changes. The article uses two main research methods. Firstly, the dogmatic method consisting in the interpretation of legal provisions, including through historical and legal-comparative interpretation, and, secondly, the method of economic analysis of law, because the issue of banking outsourcing is strongly related to economic and management sciences.

Keywords: bank outsourcing; foreign outsourcing; outsourcing of activities by a bank; suboutsourcing; DORA; Digital Operational Resilience Act