EU-DORA
Regulation (EU) 2022/2554 — Digital Operational Resilience Act
- Ch. I — General Provisions
- Art. 1. Subject matter (8)
- Art. 2. Scope (4)
- Art. 3. Definitions ref
- Art. 4. Proportionality principle (3)
- Ch. II — ICT Risk Management
- Art. 5. Governance and organisation (37)
- Art. 6. ICT risk management framework (23)
- Art. 7. ICT systems, protocols and tools (4)
- Art. 8. Identification (10)
- Art. 9. Protection and prevention (17)
- Art. 10. Detection (7)
- Art. 11. Response and recovery (23)
- Art. 12. Backup policies and procedures, restoration and recovery procedures and methods (19)
- Art. 13. Learning and evolving (16)
- Art. 14. Communication (4)
- Art. 15. Further harmonisation of ICT risk management tools, methods, processes and policies (10)
- Art. 16. Simplified ICT risk management framework (13)
- Ch. III — ICT-Related Incident Management, Classification and Reporting
- Art. 17. ICT-related incident management process (9)
- Art. 18. Classification of ICT-related incidents and cyber threats (7)
- Art. 19. Reporting of major ICT-related incidents and voluntary notification of significant cyber threats (18)
- Art. 20. Harmonisation of reporting content and templates (7)
- Art. 21. Centralisation of reporting of major ICT-related incidents (9)
- Art. 22. Supervisory feedback (6)
- Art. 23. Operational or security payment-related incidents concerning credit institutions, payment institutions, account information service providers, and electronic money institutions (2)
- Ch. IV — Digital Operational Resilience Testing
- Art. 24. General requirements for the performance of digital operational resilience testing (8)
- Art. 25. Testing of ICT tools and systems (3)
- Art. 26. Advanced testing of ICT tools, systems and processes based on TLPT (14)
- Art. 27. Requirements for testers for the carrying out of TLPT (9)
- Ch. V — Managing ICT Third-Party Risk
- Art. 28. General principles (26)
- Art. 29. Preliminary assessment of ICT concentration risk at entity level (7)
- Art. 30. Key contractual provisions (24)
- Art. 31. Designation of critical ICT third-party service providers (16)
- Art. 32. Structure of the Oversight Framework (11)
- Art. 33. Tasks of the Lead Overseer (18)
- Art. 34. Operational coordination between Lead Overseers (4)
- Art. 35. Powers of the Lead Overseer (19)
- Art. 36. Exercise of the powers of the Lead Overseer outside the Union (15)
- Art. 37. Request for information (15)
- Art. 38. General investigations (10)
- Art. 39. Inspections (8)
- Art. 40. Ongoing oversight (7)
- Art. 41. Harmonisation of conditions enabling the conduct of the oversight activities (5)
- Art. 42. Follow-up by competent authorities (14)
- Art. 43. Oversight fees (3)
- Art. 44. International cooperation (2)
- Ch. VI — Information-Sharing Arrangements
- Art. 45. Information-sharing arrangements on cyber threat information and intelligence (3)
- Ch. VII — Competent Authorities
- Art. 46. Competent authorities (17)
- Art. 47. Cooperation with structures and authorities established by Directive (EU) 2022/2555 (7)
- Art. 48. Cooperation between authorities (2)
- Art. 49. Financial cross-sector exercises, communication and cooperation (5)
- Art. 50. Administrative penalties and remedial measures (14)
- Art. 51. Exercise of the power to impose administrative penalties and remedial measures (9)
- Art. 52. Criminal penalties (2)
- Art. 53. Notification duties (2)
- Art. 54. Publication of administrative penalties (8)
- Art. 55. Professional secrecy (4)
- Art. 56. Data Protection (3)
- Ch. VIII — Delegated Acts
- Art. 57. Exercise of the delegation (3)
- Ch. IX — Transitional and Final Provisions
- Art. 58. Review clause (7)
- Art. 59. Amendments to Regulation (EC) No 1060/2009 (5)
- Art. 60. Amendments to Regulation (EU) No 648/2012 (7)
- Art. 61. Amendments to Regulation (EU) No 909/2014 (6)
- Art. 62. Amendments to Regulation (EU) No 600/2014 (3)
- Art. 63. Amendment to Regulation (EU) 2016/1011 (4)
- Art. 64. Entry into force and application (1)
Requirement Obligations
349Chapter I — General Provisions
Article 1. Subject matter
4 obligations
EU-DORA-1-04
Requirement
Conduct digital operational resilience testing
Financial entities must conduct digital operational resilience testing in accordance with the requirements specified in
EU-DORA-1-05
Requirement
Participate in information and intelligence sharing on cyber threats
Financial entities must engage in information and intelligence sharing in relation to cyber threats and vulnerabilities
EU-DORA-1-07
Requirement
Comply with contractual arrangement requirements for ICT services
Both ICT third-party service providers and financial entities must ensure their contractual arrangements comply with the
EU-DORA-1-08
Requirement
Comply with Oversight Framework for critical ICT third-party providers
Critical ICT third-party service providers must comply with the rules for the establishment and conduct of the Oversight
Article 2. Scope
2 obligations
EU-DORA-2-01
Requirement
Comply with DORA requirements (financial entities)
Financial entities listed in Article 2(1)(a) to (t) must comply with all requirements imposed by this Regulation on digi
EU-DORA-2-02
Requirement
Comply with DORA requirements (ICT third-party service providers)
ICT third-party service providers must comply with the specific requirements imposed by this Regulation applicable to th
Article 4. Proportionality principle
3 obligations
EU-DORA-4-01
Requirement
Implement Chapter II rules with proportionality
Financial entities must implement the rules laid down in Chapter II in accordance with the principle of proportionality,
EU-DORA-4-02
Requirement
Apply Chapters III, IV and V Section I proportionately
Financial entities must apply the provisions of Chapters III, IV and V, Section I in a manner proportionate to their siz
EU-DORA-4-03
Requirement
Consider proportionality principle in ICT risk management framework reviews
Competent authorities must consider the application of the proportionality principle by financial entities when reviewin
Chapter II — ICT Risk Management
Article 5. Governance and organisation
25 obligations
EU-DORA-5-01
Requirement
Establish internal governance and control framework for ICT risk management
Financial entities must have in place an internal governance and control framework that ensures an effective and prudent
EU-DORA-5-02
Requirement
Management body must define ICT risk management framework
The management body of the financial entity must define all arrangements related to the ICT risk management framework re
EU-DORA-5-03
Requirement
Management body must approve ICT risk management framework
The management body of the financial entity must approve all arrangements related to the ICT risk management framework r
EU-DORA-5-05
Requirement
Management body responsibility for ICT risk management implementation
The management body of the financial entity must be responsible for the implementation of all arrangements related to th
EU-DORA-5-06
Requirement
Management body bears ultimate responsibility for managing ICT risk
The management body must bear the ultimate responsibility for managing the financial entity's ICT risk.
EU-DORA-5-11
Requirement
Set clear roles and responsibilities for ICT functions
The management body must set clear roles and responsibilities for all ICT-related functions.
EU-DORA-5-12
Requirement
Establish governance arrangements for ICT function coordination
The management body must establish appropriate governance arrangements to ensure effective and timely communication, coo
EU-DORA-5-13
Requirement
Set and approve digital operational resilience strategy
The management body must bear the overall responsibility for setting and approving the digital operational resilience st
EU-DORA-5-15
Requirement
Approve ICT business continuity policy
The management body must approve the financial entity's ICT business continuity policy referred to in Article 11(1).
EU-DORA-5-17
Requirement
Periodically review ICT business continuity policy implementation
The management body must periodically review the implementation of the financial entity's ICT business continuity policy
EU-DORA-5-18
Requirement
Approve ICT response and recovery plans
The management body must approve the financial entity's ICT response and recovery plans referred to in Article 11(3).
EU-DORA-5-20
Requirement
Periodically review ICT response and recovery plans implementation
The management body must periodically review the implementation of the financial entity's ICT response and recovery plan
EU-DORA-5-21
Requirement
Approve ICT internal audit plans
The management body must approve the financial entity's ICT internal audit plans.
EU-DORA-5-22
Requirement
Approve ICT audits
The management body must approve the financial entity's ICT audits.
EU-DORA-5-23
Requirement
Approve material modifications to ICT audit plans and audits
The management body must approve material modifications to the financial entity's ICT internal audit plans and ICT audit
EU-DORA-5-24
Requirement
Periodically review ICT internal audit plans
The management body must periodically review the financial entity's ICT internal audit plans.
EU-DORA-5-25
Requirement
Periodically review ICT audits
The management body must periodically review the financial entity's ICT audits.
EU-DORA-5-26
Requirement
Allocate appropriate budget for digital operational resilience
The management body must allocate appropriate budget to fulfill the financial entity's digital operational resilience ne
EU-DORA-5-27
Requirement
Periodically review budget for digital operational resilience
The management body must periodically review the appropriate budget to fulfill the financial entity's digital operationa
EU-DORA-5-28
Requirement
Approve policy on ICT third-party service provider arrangements
The management body must approve the financial entity's policy on arrangements regarding the use of ICT services provide
EU-DORA-5-29
Requirement
Periodically review policy on ICT third-party service provider arrangements
The management body must periodically review the financial entity's policy on arrangements regarding the use of ICT serv
EU-DORA-5-34
Requirement
Establish role to monitor ICT third-party service arrangements (non-microenterprises)
Financial entities, other than microenterprises, must establish a role in order to monitor the arrangements concluded wi
EU-DORA-5-35
Requirement
Designate senior management for ICT third-party risk oversight (non-microenterprises)
Financial entities, other than microenterprises, may designate a member of senior management as responsible for overseei
EU-DORA-5-36
Requirement
Management body members must maintain ICT risk knowledge and skills
Members of the management body of the financial entity must actively keep up to date with sufficient knowledge and skill
EU-DORA-5-37
Requirement
Management body members must follow regular ICT risk training
Members of the management body of the financial entity must follow specific training on a regular basis, commensurate to
Article 6. ICT risk management framework
15 obligations
EU-DORA-6-02
Requirement
Include minimum components in ICT risk management framework
The ICT risk management framework must include at least strategies, policies, procedures, ICT protocols and tools necess
EU-DORA-6-06
Requirement
Ensure segregation of ICT functions according to three lines of defence
Financial entities must ensure appropriate segregation and independence of ICT risk management functions, control functi
EU-DORA-6-08
Requirement
Continuously improve ICT risk management framework
The ICT risk management framework must be continuously improved based on lessons derived from implementation and monitor
EU-DORA-6-11
Requirement
Ensure auditors have sufficient ICT risk expertise and independence
Auditors conducting ICT risk management framework audits must possess sufficient knowledge, skills and expertise in ICT
EU-DORA-6-12
Requirement
Ensure ICT audit frequency is commensurate to ICT risk
The frequency and focus of ICT audits must be commensurate to the ICT risk of the financial entity.
EU-DORA-6-13
Requirement
Establish formal follow-up process for audit findings
Financial entities must establish a formal follow-up process based on internal audit review conclusions, including rules
EU-DORA-6-14
Requirement
Include digital operational resilience strategy in framework
The ICT risk management framework must include a digital operational resilience strategy setting out how the framework s
EU-DORA-6-15
Requirement
Explain framework support for business strategy and objectives
The digital operational resilience strategy must explain how the ICT risk management framework supports the financial en
EU-DORA-6-17
Requirement
Set clear information security objectives with KPIs and metrics
The digital operational resilience strategy must set out clear information security objectives, including key performanc
EU-DORA-6-18
Requirement
Explain ICT reference architecture and needed changes
The digital operational resilience strategy must explain the ICT reference architecture and any changes needed to reach
EU-DORA-6-19
Requirement
Outline ICT incident detection and protection mechanisms
The digital operational resilience strategy must outline the different mechanisms put in place to detect ICT-related inc
EU-DORA-6-20
Requirement
Evidence current digital operational resilience situation
The digital operational resilience strategy must evidence the current digital operational resilience situation based on
EU-DORA-6-21
Requirement
Implement digital operational resilience testing
The digital operational resilience strategy must implement digital operational resilience testing in accordance with Cha
EU-DORA-6-22
Requirement
Outline communication strategy for ICT incidents
The digital operational resilience strategy must outline a communication strategy in the event of ICT-related incidents
EU-DORA-6-23
Requirement
Maintain full responsibility when outsourcing ICT risk management verification
When financial entities outsource tasks of verifying compliance with ICT risk management requirements to intra-group or
Article 7. ICT systems, protocols and tools
4 obligations
EU-DORA-7-01
Requirement
Use and maintain updated ICT systems with appropriate magnitude
Financial entities must use and maintain updated ICT systems, protocols and tools that are appropriate to the magnitude
EU-DORA-7-02
Requirement
Use and maintain reliable ICT systems
Financial entities must use and maintain updated ICT systems, protocols and tools that are reliable.
EU-DORA-7-03
Requirement
Use ICT systems with sufficient data processing capacity
Financial entities must use and maintain updated ICT systems, protocols and tools equipped with sufficient capacity to a
EU-DORA-7-04
Requirement
Use technologically resilient ICT systems for stressed conditions
Financial entities must use and maintain updated ICT systems, protocols and tools that are technologically resilient in
Article 9. Protection and prevention
8 obligations
EU-DORA-9-03
Requirement
Design, procure and implement ICT security policies for resilience
Financial entities must design, procure and implement ICT security policies, procedures, protocols and tools that ensure
EU-DORA-9-05
Requirement
Use appropriate ICT solutions and processes per Article 4
Financial entities must use ICT solutions and processes that are appropriate in accordance with Article 4 to achieve sec
EU-DORA-9-06
Requirement
Ensure security of data transfer means
Financial entities must ensure the security of the means of transfer of data through their ICT solutions and processes.
EU-DORA-9-08
Requirement
Prevent availability loss, authenticity/integrity impairment and confidentiality breaches
Financial entities must prevent the lack of availability, the impairment of the authenticity and integrity, the breaches
EU-DORA-9-11
Requirement
Establish sound network and infrastructure management structure
Financial entities must establish a sound network and infrastructure management structure using appropriate techniques,
EU-DORA-9-12
Requirement
Design network connection infrastructure for instant severance/segmentation
Financial entities must design the network connection infrastructure in a way that allows it to be instantaneously sever
EU-DORA-9-13
Requirement
Implement policies limiting physical/logical access to assets
Financial entities must implement policies that limit the physical or logical access to information assets and ICT asset
EU-DORA-9-14
Requirement
Implement strong authentication mechanisms and cryptographic key protection
Financial entities must implement policies and protocols for strong authentication mechanisms based on relevant standard
Article 10. Detection
7 obligations
EU-DORA-10-01
Requirement
Implement anomaly detection mechanisms
Financial entities must establish and maintain mechanisms to promptly detect anomalous activities, ICT network performan
EU-DORA-10-02
Requirement
Regular testing of detection mechanisms
Financial entities must regularly test all detection mechanisms in accordance with Article 25.
EU-DORA-10-03
Requirement
Implement multiple layers of control in detection mechanisms
Detection mechanisms must enable multiple layers of control to provide comprehensive monitoring and detection capabiliti
EU-DORA-10-04
Requirement
Define alert thresholds and criteria
Financial entities must define alert thresholds and criteria to trigger and initiate ICT-related incident response proce
EU-DORA-10-05
Requirement
Implement automatic alert mechanisms
Detection mechanisms must include automatic alert mechanisms for relevant staff in charge of ICT-related incident respon
EU-DORA-10-06
Requirement
Devote sufficient resources for monitoring activities
Financial entities must allocate sufficient resources and capabilities to monitor user activity, ICT anomalies occurrenc
EU-DORA-10-07
Requirement
Implement trade report checking systems (data reporting service providers)
Data reporting service providers must have systems that can effectively check trade reports for completeness, identify o
Article 11. Response and recovery
19 obligations
EU-DORA-11-01
Requirement
Establish comprehensive ICT business continuity policy
Financial entities must put in place a comprehensive ICT business continuity policy as part of their ICT risk management
EU-DORA-11-03
Requirement
Ensure continuity of critical or important functions
Financial entities must implement arrangements that ensure the continuity of the financial entity's critical or importan
EU-DORA-11-04
Requirement
Establish ICT incident response and resolution procedures
Financial entities must implement arrangements to quickly, appropriately and effectively respond to, and resolve, all IC
EU-DORA-11-05
Requirement
Activate dedicated incident containment plans
Financial entities must implement arrangements to activate, without delay, dedicated plans that enable containment measu
EU-DORA-11-06
Requirement
Estimate preliminary impacts, damages and losses
Financial entities must implement arrangements to estimate preliminary impacts, damages and losses from ICT-related inci
EU-DORA-11-07
Requirement
Establish communication and crisis management actions
Financial entities must set out communication and crisis management actions that ensure updated information is transmitt
EU-DORA-11-08
Requirement
Implement ICT response and recovery plans
Financial entities must implement associated ICT response and recovery plans as part of the ICT risk management framewor
EU-DORA-11-09
Requirement
Subject ICT response and recovery plans to independent internal audit
Financial entities other than microenterprises must subject their ICT response and recovery plans to independent interna
EU-DORA-11-10
Requirement
Maintain and test ICT business continuity plans
Financial entities must put in place, maintain and periodically test appropriate ICT business continuity plans, notably
EU-DORA-11-11
Requirement
Conduct business impact analysis (BIA)
Financial entities must conduct a business impact analysis (BIA) of their exposures to severe business disruptions as pa
EU-DORA-11-12
Requirement
Assess potential impact using quantitative and qualitative criteria
Financial entities must assess the potential impact of severe business disruptions by means of quantitative and qualitat
EU-DORA-11-13
Requirement
Consider criticality and interdependencies in BIA
The BIA must consider the criticality of identified and mapped business functions, support processes, third-party depend
EU-DORA-11-14
Requirement
Ensure ICT assets alignment with BIA requirements
Financial entities must ensure that ICT assets and ICT services are designed and used in full alignment with the BIA, in
EU-DORA-11-15
Requirement
Test ICT business continuity and response plans annually
Financial entities must test the ICT business continuity plans and the ICT response and recovery plans in relation to IC
EU-DORA-11-16
Requirement
Test crisis communication plans
Financial entities must test the crisis communication plans established in accordance with Article 14.
EU-DORA-11-17
Requirement
Include cyber-attack scenarios and switchover testing
Financial entities other than microenterprises must include in the testing plans scenarios of cyber-attacks and switchov
EU-DORA-11-18
Requirement
Regularly review ICT business continuity policy and plans
Financial entities must regularly review their ICT business continuity policy and ICT response and recovery plans, takin
EU-DORA-11-19
Requirement
Establish crisis management function
Financial entities other than microenterprises must have a crisis management function, which, in the event of activation
EU-DORA-11-23
Requirement
ESAs to develop guidelines on cost and loss estimation
The ESAs, through the Joint Committee, must by 17 July 2024 develop common guidelines on the estimation of aggregated an
Article 12. Backup policies and procedures, restoration and recovery procedures and methods
17 obligations
EU-DORA-12-03
Requirement
Set up backup systems that can be activated according to documented procedures
Financial entities must set up backup systems that can be activated in accordance with their backup policies and procedu
EU-DORA-12-04
Requirement
Ensure backup system activation does not jeopardise security or data integrity
The activation of backup systems must not jeopardise the security of network and information systems or the availability
EU-DORA-12-05
Requirement
Periodically test backup, restoration and recovery procedures
Financial entities must undertake periodic testing of backup procedures and restoration and recovery procedures and meth
EU-DORA-12-06
Requirement
Use physically and logically segregated ICT systems for backup restoration
When restoring backup data using own systems, financial entities must use ICT systems that are physically and logically
EU-DORA-12-07
Requirement
Securely protect backup ICT systems from unauthorized access and corruption
Backup ICT systems must be securely protected from any unauthorised access or ICT corruption and allow for timely restor
EU-DORA-12-08
Requirement
Enable recovery of all transactions for central counterparties
For central counterparties, recovery plans must enable the recovery of all transactions at the time of disruption to all
EU-DORA-12-09
Requirement
Maintain adequate resources and backup facilities for data reporting services
Data reporting service providers must maintain adequate resources and have back-up and restoration facilities in place i
EU-DORA-12-10
Requirement
Maintain redundant ICT capacities (non-microenterprises)
Financial entities, other than microenterprises, must maintain redundant ICT capacities equipped with resources, capabil
EU-DORA-12-11
Requirement
Assess need for redundant ICT capacities (microenterprises)
Microenterprises must assess the need to maintain redundant ICT capacities based on their risk profile.
EU-DORA-12-12
Requirement
Maintain at least one secondary processing site (CSDs)
Central securities depositories must maintain at least one secondary processing site endowed with adequate resources, ca
EU-DORA-12-13
Requirement
Ensure geographical distance of secondary processing site
The secondary processing site must be located at a geographical distance from the primary processing site to ensure that
EU-DORA-12-14
Requirement
Ensure secondary site can maintain continuity of critical functions
The secondary processing site must be capable of ensuring the continuity of critical or important functions identically
EU-DORA-12-15
Requirement
Ensure immediate accessibility of secondary processing site
The secondary processing site must be immediately accessible to the financial entity's staff to ensure continuity of cri
EU-DORA-12-16
Requirement
Determine recovery time and recovery point objectives based on function criticality
Financial entities must determine recovery time and recovery point objectives for each function, taking into account whe
EU-DORA-12-17
Requirement
Ensure time objectives meet agreed service levels in extreme scenarios
Recovery time objectives must ensure that, in extreme scenarios, the agreed service levels are met.
EU-DORA-12-18
Requirement
Perform necessary checks to ensure data integrity during recovery
When recovering from an ICT-related incident, financial entities must perform necessary checks, including any multiple c
EU-DORA-12-19
Requirement
Perform checks when reconstructing data from external stakeholders
Financial entities must perform checks when reconstructing data from external stakeholders, in order to ensure that all
Article 13. Learning and evolving
9 obligations
EU-DORA-13-01
Requirement
Establish Threat Intelligence Capabilities
Financial entities must establish and maintain capabilities and staff to gather information on vulnerabilities and cyber
EU-DORA-13-02
Requirement
Conduct Post-Incident Reviews After Major ICT Incidents
Financial entities must implement post ICT-related incident reviews after any major ICT-related incident that disrupts t
EU-DORA-13-04
Requirement
Evaluate Response Promptness in Post-Incident Reviews
Post ICT-related incident reviews must determine whether established procedures were followed and actions were effective
EU-DORA-13-05
Requirement
Evaluate Forensic Analysis Quality in Post-Incident Reviews
Post ICT-related incident reviews must assess the quality and speed of performing forensic analysis, where deemed approp
EU-DORA-13-06
Requirement
Evaluate Internal Incident Escalation Effectiveness
Post ICT-related incident reviews must assess the effectiveness of incident escalation within the financial entity.
EU-DORA-13-07
Requirement
Evaluate Communication Effectiveness in Post-Incident Reviews
Post ICT-related incident reviews must assess the effectiveness of both internal and external communication during incid
EU-DORA-13-13
Requirement
Develop ICT Security Awareness Programmes
Financial entities must develop ICT security awareness programmes and digital operational resilience training as compuls
EU-DORA-13-14
Requirement
Include Third-Party Service Providers in Training Schemes
Financial entities must, where appropriate, include ICT third-party service providers in their relevant training schemes
EU-DORA-13-16
Requirement
Keep Updated with Latest ICT Risk Management Processes
Financial entities (except microenterprises) must keep up-to-date with the latest ICT risk management processes to effec
Article 15. Further harmonisation of ICT risk management tools, methods, processes and policies
10 obligations
EU-DORA-15-01
Requirement
Develop draft RTS for ICT security policies harmonisation
The ESAs must, through the Joint Committee and in consultation with ENISA, develop common draft regulatory technical sta
EU-DORA-15-02
Requirement
Develop draft RTS for access management rights controls
The ESAs must develop common draft regulatory technical standards for further components of access management rights con
EU-DORA-15-03
Requirement
Develop draft RTS for anomalous activity detection mechanisms
The ESAs must develop common draft regulatory technical standards to further develop the mechanisms specified in Article
EU-DORA-15-04
Requirement
Develop draft RTS for ICT business continuity policy components
The ESAs must develop common draft regulatory technical standards to specify further the components of the ICT business
EU-DORA-15-05
Requirement
Develop draft RTS for ICT business continuity plan testing
The ESAs must develop common draft regulatory technical standards to specify further the testing of ICT business continu
EU-DORA-15-06
Requirement
Develop draft RTS for ICT response and recovery plan components
The ESAs must develop common draft regulatory technical standards to specify further the components of the ICT response
EU-DORA-15-07
Requirement
Develop draft RTS for ICT risk management framework review report format
The ESAs must develop common draft regulatory technical standards to specify further the content and format of the repor
EU-DORA-15-08
Requirement
Consider proportionality factors when developing draft RTS
When developing draft regulatory technical standards, the ESAs must take into account the size and overall risk profile
EU-DORA-15-09
Requirement
Submit draft RTS to Commission by deadline
The ESAs must submit the draft regulatory technical standards to the Commission by 17 January 2024.
EU-DORA-15-10
Requirement
Commission power to adopt regulatory technical standards
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referr
Article 16. Simplified ICT risk management framework
5 obligations
EU-DORA-16-07
Requirement
Regularly test business continuity plans and control effectiveness
Test, on a regular basis, the plans and measures referred to in business continuity, as well as the effectiveness of the
EU-DORA-16-08
Requirement
Implement operational conclusions from testing and incidents
Implement, as appropriate, relevant operational conclusions resulting from the tests and from post-incident analysis int
EU-DORA-16-10
Requirement
Continuously improve ICT risk management framework
The ICT risk management framework shall be continuously improved on the basis of lessons derived from implementation and
EU-DORA-16-12
Requirement
ESAs develop regulatory technical standards for simplified framework
The ESAs shall, through the Joint Committee, in consultation with the ENISA, develop common draft regulatory technical s
EU-DORA-16-13
Requirement
ESAs submit draft standards to Commission by deadline
The ESAs shall submit the draft regulatory technical standards to the Commission by 17 January 2024.
Chapter III — ICT-Related Incident Management, Classification and Reporting
Article 17. ICT-related incident management process
7 obligations
EU-DORA-17-01
Requirement
Define, establish and implement ICT-related incident management process
Financial entities must define, establish and implement an ICT-related incident management process to detect, manage and
EU-DORA-17-03
Requirement
Establish procedures for consistent monitoring, handling and follow-up
Financial entities must establish appropriate procedures and processes to ensure consistent and integrated monitoring, h
EU-DORA-17-04
Requirement
Put in place early warning indicators
The ICT-related incident management process must include early warning indicators.
EU-DORA-17-05
Requirement
Establish incident identification and classification procedures
The incident management process must establish procedures to identify, track, log, categorise and classify ICT-related i
EU-DORA-17-06
Requirement
Assign roles and responsibilities for different incident types
The incident management process must assign roles and responsibilities that need to be activated for different ICT-relat
EU-DORA-17-07
Requirement
Set out communication plans for incidents
The incident management process must set out plans for communication to staff, external stakeholders and media in accord
EU-DORA-17-09
Requirement
Establish incident response procedures
The incident management process must establish ICT-related incident response procedures to mitigate impacts and ensure t
Article 18. Classification of ICT-related incidents and cyber threats
7 obligations
EU-DORA-18-01
Requirement
Classify ICT-related incidents based on specified criteria
Financial entities must classify ICT-related incidents and determine their impact using the six specified criteria: numb
EU-DORA-18-02
Requirement
Classify cyber threats as significant based on specified criteria
Financial entities must classify cyber threats as significant based on the criticality of services at risk (including tr
EU-DORA-18-03
Requirement
Develop draft regulatory technical standards for incident classification criteria
The ESAs must, through the Joint Committee and in consultation with the ECB and ENISA, develop common draft regulatory t
EU-DORA-18-04
Requirement
Develop draft regulatory technical standards for competent authority assessment criteria
The ESAs must develop common draft regulatory technical standards specifying criteria for competent authorities to asses
EU-DORA-18-05
Requirement
Develop draft regulatory technical standards for cyber threat classification criteria
The ESAs must develop common draft regulatory technical standards specifying criteria for classifying cyber threats, inc
EU-DORA-18-06
Requirement
Consider specific criteria when developing regulatory technical standards
When developing the regulatory technical standards, the ESAs must take into account Article 4(2) criteria, international
EU-DORA-18-07
Requirement
Submit draft regulatory technical standards by specified deadline
The ESAs must submit the common draft regulatory technical standards to the Commission by 17 January 2024.
Article 19. Reporting of major ICT-related incidents and voluntary notification of significant cyber threats
3 obligations
EU-DORA-19-04
Requirement
Use alternative notification means when template submission impossible
When technical impossibility prevents submission of initial notification using the template, financial entities must not
EU-DORA-19-11
Requirement
Remain responsible for reporting when outsourcing to third party
When financial entities outsource reporting obligations to a third-party service provider, they must remain fully respon
EU-DORA-19-17
Requirement
Designate single competent authority for multi-supervised entities
Member States must designate a single competent authority responsible for incident reporting functions when a financial
Article 20. Harmonisation of reporting content and templates
6 obligations
EU-DORA-20-01
Requirement
Develop regulatory technical standards for major ICT incident reporting content
The ESAs must develop common draft regulatory technical standards to establish the content of reports for major ICT-rela
EU-DORA-20-02
Requirement
Determine time limits for ICT incident notifications and reports
The ESAs must develop common draft regulatory technical standards to determine the time limits for the initial notificat
EU-DORA-20-03
Requirement
Establish content standards for significant cyber threat notifications
The ESAs must develop common draft regulatory technical standards to establish the content of notifications for signific
EU-DORA-20-04
Requirement
Consider entity characteristics in developing technical standards
When developing regulatory technical standards, the ESAs must take into account the size and overall risk profile of fin
EU-DORA-20-06
Requirement
Develop implementing technical standards for reporting forms and procedures
The ESAs must develop common draft implementing technical standards to establish the standard forms, templates and proce
EU-DORA-20-07
Requirement
Submit technical standards to Commission by deadline
The ESAs must submit the common draft regulatory technical standards and common draft implementing technical standards t
Article 23. Operational or security payment-related incidents concerning credit institutions, payment institutions, account information service providers, and electronic money institutions
2 obligations
EU-DORA-23-01
Requirement
Apply Chapter requirements to operational payment-related incidents
Credit institutions, payment institutions, account information service providers, and electronic money institutions must
EU-DORA-23-02
Requirement
Apply Chapter requirements to major operational payment-related incidents
Credit institutions, payment institutions, account information service providers, and electronic money institutions must
Chapter IV — Digital Operational Resilience Testing
Article 24. General requirements for the performance of digital operational resilience testing
7 obligations
EU-DORA-24-01
Requirement
Establish comprehensive digital operational resilience testing programme
Financial entities (other than microenterprises) must establish, maintain and review a sound and comprehensive digital o
EU-DORA-24-02
Requirement
Include range of assessments and tools in testing programme
The digital operational resilience testing programme must include a range of assessments, tests, methodologies, practice
EU-DORA-24-04
Requirement
Ensure tests are undertaken by independent parties
Financial entities (other than microenterprises) must ensure that tests are undertaken by independent parties, whether i
EU-DORA-24-05
Requirement
Dedicate sufficient resources and avoid conflicts of interest for internal testing
Where tests are undertaken by an internal tester, financial entities must dedicate sufficient resources and ensure that
EU-DORA-24-06
Requirement
Establish procedures to prioritise, classify and remedy test issues
Financial entities (other than microenterprises) must establish procedures and policies to prioritise, classify and reme
EU-DORA-24-07
Requirement
Establish internal validation methodologies for identified weaknesses
Financial entities (other than microenterprises) must establish internal validation methodologies to ascertain that all
EU-DORA-24-08
Requirement
Conduct yearly tests on critical and important function systems
Financial entities (other than microenterprises) must ensure, at least yearly, that appropriate tests are conducted on a
Article 25. Testing of ICT tools and systems
3 obligations
EU-DORA-25-01
Requirement
Execute appropriate ICT testing programme tests
Execute appropriate tests as part of the digital operational resilience testing programme, including vulnerability asses
EU-DORA-25-02
Requirement
Perform vulnerability assessments before deployment - CSDs and CCPs
Perform vulnerability assessments before any deployment or redeployment of new or existing applications and infrastructu
EU-DORA-25-03
Requirement
Apply risk-based approach to ICT testing - microenterprises
Perform the tests specified in paragraph 1 by combining a risk-based approach with strategic planning of ICT testing, co
Article 26. Advanced testing of ICT tools, systems and processes based on TLPT
11 obligations
EU-DORA-26-01
Requirement
Conduct TLPT every 3 years
Financial entities (excluding Article 16(1) entities and microenterprises) identified by competent authorities must carr
EU-DORA-26-02
Requirement
Cover critical/important functions in TLPT
Each threat-led penetration test must cover several or all critical or important functions of the financial entity and b
EU-DORA-26-03
Requirement
Identify underlying ICT systems for TLPT
Financial entities must identify all relevant underlying ICT systems, processes and technologies supporting critical or
EU-DORA-26-04
Requirement
Assess TLPT scope and obtain validation
Financial entities must assess which critical or important functions need to be covered by TLPT, determine the precise s
EU-DORA-26-05
Requirement
Ensure ICT third-party participation in TLPT
When ICT third-party service providers are included in TLPT scope, financial entities must take necessary measures to en
EU-DORA-26-09
Requirement
Contract appropriate testers for TLPT
Financial entities must contract testers in accordance with Article 27. When using internal testers, they must contract
EU-DORA-26-10
Requirement
Use only external testers (significant credit institutions)
Credit institutions classified as significant under Article 6(4) of Regulation (EU) No 1024/2013 must only use external
EU-DORA-26-11
Requirement
Identify financial entities for TLPT requirement
Competent authorities must identify financial entities required to perform TLPT based on Article 4(2) criteria and asses
EU-DORA-26-12
Requirement
Provide TLPT attestation to financial entities
Designated authorities must provide financial entities with attestation confirming TLPT was performed according to requi
EU-DORA-26-13
Requirement
Develop joint regulatory technical standards
ESAs must develop joint draft regulatory technical standards with ECB agreement according to TIBER-EU framework, specify
EU-DORA-26-14
Requirement
Submit regulatory technical standards by deadline
ESAs must submit the draft regulatory technical standards to the Commission by 17 July 2024.
Article 27. Requirements for testers for the carrying out of TLPT
8 obligations
EU-DORA-27-01
Requirement
Use only qualified testers for TLPT - highest suitability and reputability
Financial entities must ensure that testers used for carrying out TLPT are of the highest suitability and reputability.
EU-DORA-27-02
Requirement
Use only testers with technical and organizational capabilities
Financial entities must ensure that testers possess technical and organisational capabilities and demonstrate specific e
EU-DORA-27-03
Requirement
Use only certified or code-compliant testers
Financial entities must ensure that testers are certified by an accreditation body in a Member State or adhere to formal
EU-DORA-27-04
Requirement
Require independent assurance from testers
Financial entities must ensure that testers provide an independent assurance, or an audit report, in relation to the sou
EU-DORA-27-05
Requirement
Use only testers with professional indemnity insurance
Financial entities must ensure that testers are duly and fully covered by relevant professional indemnity insurances, in
EU-DORA-27-06
Requirement
Obtain authority approval for internal testers
When using internal testers, financial entities must ensure that such use has been approved by the relevant competent au
EU-DORA-27-07
Requirement
Ensure authority verification of resources and conflict avoidance for internal testers
When using internal testers, financial entities must ensure that the relevant competent authority has verified that the
EU-DORA-27-08
Requirement
Use external threat intelligence provider when using internal testers
When using internal testers, financial entities must ensure that the threat intelligence provider is external to the fin
Chapter V — Managing ICT Third-Party Risk
Article 28. General principles
13 obligations
EU-DORA-28-02
Requirement
Remain fully responsible for compliance despite third-party arrangements
Financial entities that have contractual arrangements for the use of ICT services must remain fully responsible for comp
EU-DORA-28-04
Requirement
Adopt and regularly review ICT third-party risk strategy
Financial entities (excluding Article 16(1) first subparagraph entities and microenterprises) must adopt and regularly r
EU-DORA-28-12
Requirement
Assess if contractual arrangement covers critical/important function
Before entering into contractual arrangements for ICT services, financial entities must assess whether the arrangement c
EU-DORA-28-13
Requirement
Assess if supervisory conditions for contracting are met
Before entering into contractual arrangements for ICT services, financial entities must assess if supervisory conditions
EU-DORA-28-15
Requirement
Undertake due diligence on prospective ICT third-party service providers
Before entering into contractual arrangements for ICT services, financial entities must undertake all due diligence on p
EU-DORA-28-17
Requirement
Only contract with providers complying with appropriate information security standards
Financial entities may only enter into contractual arrangements with ICT third-party service providers that comply with
EU-DORA-28-18
Requirement
Consider highest quality security standards for critical/important functions
For contractual arrangements concerning critical or important functions, financial entities must take due consideration
EU-DORA-28-20
Requirement
Verify auditor skills for technically complex arrangements
For contractual arrangements with high technical complexity, financial entities must verify that auditors (internal, ext
EU-DORA-28-21
Requirement
Ensure contractual arrangements may be terminated in specified circumstances
Financial entities must ensure that contractual arrangements on the use of ICT services may be terminated in circumstanc
EU-DORA-28-22
Requirement
Put in place exit strategies for critical/important functions
For ICT services supporting critical or important functions, financial entities must put in place exit strategies that t
EU-DORA-28-23
Requirement
Ensure ability to exit without disruption, compliance limitation, or service detriment
Financial entities must ensure they can exit contractual arrangements without disruption to business activities, limitin
EU-DORA-28-25
Requirement
Identify alternative solutions and develop transition plans
Financial entities must identify alternative solutions and develop transition plans enabling them to remove contracted I
EU-DORA-28-26
Requirement
Have appropriate contingency measures for business continuity
Financial entities must have appropriate contingency measures in place to maintain business continuity in the event of c
Article 30. Key contractual provisions
12 obligations
EU-DORA-30-07
Requirement
Include ICT incident assistance obligation
Contracts must include the obligation of the ICT third-party service provider to provide assistance to the financial ent
EU-DORA-30-08
Requirement
Include cooperation obligation with authorities
Contracts must include the obligation of the ICT third-party service provider to fully cooperate with the competent auth
EU-DORA-30-09
Requirement
Include termination rights and notice periods
Contracts must include termination rights and related minimum notice periods for the termination of contractual arrangem
EU-DORA-30-10
Requirement
Include security training participation conditions
Contracts must include conditions for the participation of ICT third-party service providers in the financial entities'
EU-DORA-30-14
Requirement
Obligate participation in TLPT
For critical or important functions, contracts must include the obligation of the ICT third-party service provider to pa
EU-DORA-30-16
Requirement
Allow alternative assurance levels agreement
For critical or important functions, contracts must include the right to agree on alternative assurance levels if other
EU-DORA-30-17
Requirement
Obligate cooperation during inspections and audits
For critical or important functions, contracts must include the obligation of the ICT third-party service provider to fu
EU-DORA-30-20
Requirement
Allow migration to alternative solutions
For critical or important functions, exit strategies must allow the financial entity to migrate to another ICT third-par
EU-DORA-30-21
Requirement
Allow delegation of audit rights for microenterprises
For microenterprises, the ICT third-party service provider and financial entity may agree that the financial entity's ri
EU-DORA-30-22
Requirement
Consider use of standard contractual clauses
When negotiating contractual arrangements, financial entities and ICT third-party service providers shall consider the u
EU-DORA-30-23
Requirement
ESAs develop regulatory technical standards for subcontracting
The ESAs shall, through the Joint Committee, develop draft regulatory technical standards to specify further the element
EU-DORA-30-24
Requirement
ESAs submit RTS to Commission by deadline
The ESAs shall submit the draft regulatory technical standards to the Commission by 17 July 2024.
Article 31. Designation of critical ICT third-party service providers
5 obligations
EU-DORA-31-03
Requirement
Designate coordination point for group critical ICT service providers
Critical ICT third-party service providers which are part of a group must designate one legal person as a coordination p
EU-DORA-31-06
Requirement
Consider reasoned statement and may request additional information
The Lead Overseer must consider the reasoned statement submitted by ICT third-party service provider and may request add
EU-DORA-31-09
Requirement
Adopt delegated act specifying criteria by July 17, 2024
The Commission must adopt a delegated act in accordance with Article 57 to supplement this Regulation by specifying furt
EU-DORA-31-14
Requirement
Decide on voluntary critical designation application within 6 months
EBA, ESMA or EIOPA, through the Joint Committee, must decide whether to designate an ICT third-party service provider as
EU-DORA-31-15
Requirement
Establish subsidiary in Union within 12 months for third country providers
Critical ICT third-party service providers established in a third country must establish a subsidiary in the Union withi
Article 32. Structure of the Oversight Framework
6 obligations
EU-DORA-32-01
Requirement
Establish Oversight Forum as sub-committee
The Joint Committee must establish the Oversight Forum as a sub-committee to support the work of the Joint Committee and
EU-DORA-32-02
Requirement
Prepare draft joint positions and common acts
The Oversight Forum must prepare the draft joint positions and the draft common acts of the Joint Committee in the area
EU-DORA-32-05
Requirement
Promote coordination measures for digital operational resilience
The Oversight Forum must promote coordination measures to increase the digital operational resilience of financial entit
EU-DORA-32-07
Requirement
Designate high-level representative for Oversight Forum
Each Member State must designate the relevant competent authority whose staff member shall be the high-level representat
EU-DORA-32-09
Requirement
Appoint independent experts through transparent process
The Oversight Forum must appoint independent experts from a pool of experts selected following a public and transparent
EU-DORA-32-10
Requirement
Issue guidelines on cooperation by 17 July 2024
The ESAs must issue guidelines by 17 July 2024 on the cooperation between the ESAs and the competent authorities coverin
Article 34. Operational coordination between Lead Overseers
3 obligations
EU-DORA-34-01
Requirement
Establish Joint Oversight Network (JON)
The three Lead Overseers must set up a Joint Oversight Network (JON) to coordinate among themselves in preparatory stage
EU-DORA-34-02
Requirement
Ensure consistent oversight approach
Lead Overseers must ensure a consistent approach to oversight activities to enable coordinated general oversight strateg
EU-DORA-34-04
Requirement
Periodically revise oversight protocol
Lead Overseers must periodically revise the common oversight protocol to reflect operational needs, particularly the evo
Article 35. Powers of the Lead Overseer
11 obligations
EU-DORA-35-05
Requirement
Cooperate in good faith with Lead Overseer
Critical ICT third-party service providers must cooperate in good faith with the Lead Overseer and assist it in the fulf
EU-DORA-35-07
Requirement
Lead Overseer must ensure regular coordination within JON
The Lead Overseer must ensure regular coordination within the Joint Oversight Network (JON) and seek consistent approach
EU-DORA-35-08
Requirement
Lead Overseer must account for NIS2 Directive framework
The Lead Overseer must take due account of the framework established by Directive (EU) 2022/2555 and consult relevant co
EU-DORA-35-09
Requirement
Lead Overseer must minimize disruption to out-of-scope customers
The Lead Overseer must seek to minimize, to the extent possible, the risk of disruption to services provided by critical
EU-DORA-35-10
Requirement
Lead Overseer must consult Oversight Forum before exercising powers
The Lead Overseer must consult the Oversight Forum before exercising the powers referred to in paragraph 1 of Article 35
EU-DORA-35-13
Requirement
Lead Overseer must impose periodic penalty payments for non-compliance
The Lead Overseer must adopt a decision imposing periodic penalty payments to compel compliance when critical ICT third-
EU-DORA-35-14
Requirement
Lead Overseer must limit penalty payment duration
The Lead Overseer must impose periodic penalty payments on a daily basis until compliance is achieved and for no more th
EU-DORA-35-15
Requirement
Lead Overseer must calculate penalty payments within prescribed limits
The Lead Overseer must calculate penalty payments up to 1% of average daily worldwide turnover of the critical ICT third
EU-DORA-35-16
Requirement
Lead Overseer must consult JON for penalty consistency
The Lead Overseer must engage in consultation within the Joint Oversight Network (JON) to ensure a consistent approach w
EU-DORA-35-18
Requirement
Lead Overseer must provide opportunity to be heard before penalties
The Lead Overseer must give representatives of critical ICT third-party service providers the opportunity to be heard on
EU-DORA-35-19
Requirement
Lead Overseer must respect defence rights and provide file access
The Lead Overseer must fully respect the rights of defence of persons subject to proceedings and provide access to the f
Article 36. Exercise of the powers of the Lead Overseer outside the Union
13 obligations
EU-DORA-36-02
Requirement
Ensure inspection necessity for third-country oversight
Lead Overseer must deem the conduct of an inspection in a third-country necessary to allow it to fully and effectively p
EU-DORA-36-03
Requirement
Verify direct relation to Union ICT services provision
Lead Overseer must ensure that the inspection in a third-country is directly related to the provision of ICT services to
EU-DORA-36-04
Requirement
Obtain critical ICT provider consent for third-country inspection
Lead Overseer must obtain consent from the critical ICT third-party service provider concerned before conducting an insp
EU-DORA-36-05
Requirement
Provide consent for third-country inspections
Critical ICT third-party service providers must provide consent when requested by the Lead Overseer for the conduct of i
EU-DORA-36-06
Requirement
Officially notify third-country authority before inspection
Lead Overseer must officially notify the relevant authority of the third-country concerned and ensure they have raised n
EU-DORA-36-07
Requirement
Conclude administrative cooperation arrangements with third countries
EBA, ESMA or EIOPA shall conclude administrative cooperation arrangements with relevant third-country authorities to ena
EU-DORA-36-08
Requirement
Include coordination procedures in cooperation arrangements
Cooperation arrangements must specify procedures for coordinating oversight activities under this Regulation and analogo
EU-DORA-36-09
Requirement
Establish information transmission mechanisms in cooperation arrangements
Cooperation arrangements must specify mechanisms for transmission of relevant information between ESAs and third-country
EU-DORA-36-10
Requirement
Include infringement notification mechanisms in cooperation arrangements
Cooperation arrangements must specify mechanisms for prompt notification by third-country authorities to ESAs when criti
EU-DORA-36-11
Requirement
Establish regular regulatory update transmission in cooperation arrangements
Cooperation arrangements must provide for regular transmission of updates on regulatory or supervisory developments conc
EU-DORA-36-12
Requirement
Include third-country authority participation details in cooperation arrangements
Cooperation arrangements must specify details for allowing participation of one representative of the relevant third-cou
EU-DORA-36-13
Requirement
Exercise powers based on available facts when unable to conduct third-country oversight
When the Lead Overseer cannot conduct oversight activities outside the Union, it must exercise its powers under Article
EU-DORA-36-15
Requirement
Consider third-country oversight limitations in recommendations
Lead Overseer must take into consideration the potential consequences of its inability to conduct third-country oversigh
Article 37. Request for information
14 obligations
EU-DORA-37-02
Requirement
Lead Overseer must refer to legal basis in simple requests
When sending a simple request for information, the Lead Overseer shall refer to this Article as the legal basis of the r
EU-DORA-37-03
Requirement
Lead Overseer must state purpose in simple requests
When sending a simple request for information, the Lead Overseer shall state the purpose of the request.
EU-DORA-37-04
Requirement
Lead Overseer must specify required information in simple requests
When sending a simple request for information, the Lead Overseer shall specify what information is required.
EU-DORA-37-05
Requirement
Lead Overseer must set time limit in simple requests
When sending a simple request for information, the Lead Overseer shall set a time limit within which the information is
EU-DORA-37-06
Requirement
Lead Overseer must inform about voluntary nature in simple requests
When sending a simple request for information, the Lead Overseer shall inform the representative that they are not oblig
EU-DORA-37-07
Requirement
Lead Overseer must refer to legal basis in decisions
When requiring by decision to supply information, the Lead Overseer shall refer to this Article as the legal basis of th
EU-DORA-37-08
Requirement
Lead Overseer must state purpose in decisions
When requiring by decision to supply information, the Lead Overseer shall state the purpose of the request.
EU-DORA-37-09
Requirement
Lead Overseer must specify required information in decisions
When requiring by decision to supply information, the Lead Overseer shall specify what information is required.
EU-DORA-37-10
Requirement
Lead Overseer must set time limit in decisions
When requiring by decision to supply information, the Lead Overseer shall set a time limit within which the information
EU-DORA-37-11
Requirement
Lead Overseer must indicate periodic penalties in decisions
When requiring by decision to supply information, the Lead Overseer shall indicate the periodic penalty payments provide
EU-DORA-37-12
Requirement
Lead Overseer must indicate appeal rights in decisions
When requiring by decision to supply information, the Lead Overseer shall indicate the right to appeal the decision to E
EU-DORA-37-13
Requirement
Representatives must supply requested information
Representatives of critical ICT third-party service providers shall supply the information requested by the Lead Oversee
EU-DORA-37-14
Requirement
Provider remains responsible for lawyer-supplied information
When lawyers supply information on behalf of their clients, the critical ICT third-party service provider shall remain f
EU-DORA-37-15
Requirement
Lead Overseer must transmit decision copies to authorities
The Lead Overseer shall, without delay, transmit a copy of the decision to supply information to the competent authoriti
Article 38. General investigations
1 obligation
Article 39. Inspections
4 obligations
EU-DORA-39-02
Requirement
Consult JON before exercising inspection powers
The Lead Overseer must consult the JON (Joint Oversight Network) before exercising inspection powers on ICT third-party
EU-DORA-39-03
Requirement
Exercise inspection powers with written authorization
Officials and persons authorized by the Lead Overseer must exercise their inspection powers only upon production of writ
EU-DORA-39-05
Requirement
Provide reasonable notice for planned on-site inspections
The Lead Overseer must give reasonable notice to critical ICT third-party service providers before any planned on-site i
EU-DORA-39-06
Requirement
Submit to on-site inspections ordered by Lead Overseer
Critical ICT third-party service providers must submit to on-site inspections ordered by decision of the Lead Overseer.
Article 40. Ongoing oversight
7 obligations
EU-DORA-40-01
Requirement
Lead Overseer must establish joint examination teams for critical ICT providers
When conducting oversight activities, particularly general investigations or inspections, the Lead Overseer shall be ass
EU-DORA-40-02
Requirement
Joint examination team composition requirements
The joint examination team must be composed of staff members from the ESAs, relevant competent authorities supervising f
EU-DORA-40-03
Requirement
Joint examination team member expertise requirements
Members of the joint examination team shall have expertise in ICT matters and in operational risk.
EU-DORA-40-04
Requirement
Joint examination team coordination under Lead Overseer coordinator
The joint examination team shall work under the coordination of a designated Lead Overseer staff member (the 'Lead Overs
EU-DORA-40-05
Requirement
Lead Overseer must adopt recommendations within 3 months after investigation completion
Within 3 months of the completion of an investigation or inspection, the Lead Overseer, after consulting the Oversight F
EU-DORA-40-06
Requirement
Lead Overseer must immediately communicate recommendations to critical ICT provider
The recommendations shall be immediately communicated to the critical ICT third-party service provider.
EU-DORA-40-07
Requirement
Lead Overseer must immediately communicate recommendations to competent authorities
The recommendations shall be immediately communicated to the competent authorities of the financial entities to which th
Article 41. Harmonisation of conditions enabling the conduct of the oversight activities
5 obligations
EU-DORA-41-01
Requirement
Develop draft RTS for voluntary critical ICT third-party service provider designation
The ESAs must, through the Joint Committee, develop draft regulatory technical standards to specify the information to b
EU-DORA-41-02
Requirement
Develop draft RTS for ICT third-party service provider information submission
The ESAs must, through the Joint Committee, develop draft regulatory technical standards to specify the content, structu
EU-DORA-41-03
Requirement
Develop draft RTS for joint examination team criteria and arrangements
The ESAs must, through the Joint Committee, develop draft regulatory technical standards to specify the criteria for det
EU-DORA-41-04
Requirement
Develop draft RTS for competent authorities' assessment details
The ESAs must, through the Joint Committee, develop draft regulatory technical standards to specify the details of the c
EU-DORA-41-05
Requirement
Submit draft regulatory technical standards by deadline
The ESAs must submit the draft regulatory technical standards specified in paragraph 1 to the Commission by 17 July 2024
Article 42. Follow-up by competent authorities
4 obligations
EU-DORA-42-08
Requirement
Consider suspension or termination of ICT provider arrangements
Competent authorities may, as a measure of last resort, require financial entities to temporarily suspend or completely
EU-DORA-42-10
Requirement
Apply specified criteria when making suspension decisions
Competent authorities shall take into account specific criteria including gravity and duration of non-compliance, proced
EU-DORA-42-11
Requirement
Grant financial entities adjustment period for contractual arrangements
Competent authorities shall grant financial entities the necessary period of time to enable them to adjust contractual a
EU-DORA-42-13
Requirement
Cooperate with impacted financial entities during suspension/termination
Critical ICT third-party service providers affected by suspension decisions shall fully cooperate with the financial ent
Article 43. Oversight fees
3 obligations
EU-DORA-43-01
Requirement
Pay oversight fees to Lead Overseer
Critical ICT third-party service providers must pay fees charged by the Lead Overseer that fully cover the Lead Overseer
EU-DORA-43-02
Requirement
Charge oversight fees to critical ICT third-party service providers
The Lead Overseer shall charge critical ICT third-party service providers fees in accordance with the delegated act that
EU-DORA-43-03
Requirement
Adopt delegated act on fee determination
The Commission is empowered to adopt a delegated act in accordance with Article 57 to supplement this Regulation by dete
Article 44. International cooperation
1 obligation
Chapter VI — Information-Sharing Arrangements
Article 45. Information-sharing arrangements on cyber threat information and intelligence
2 obligations
EU-DORA-45-01
Requirement
Comply with information-sharing arrangement conditions for cyber threat intelligence
Financial entities must ensure that when they exchange cyber threat information and intelligence, such sharing: (a) aims
EU-DORA-45-02
Requirement
Define participation conditions in information-sharing arrangements
Information-sharing arrangements must define the conditions for participation and, where appropriate, set out details on
Chapter VII — Competent Authorities
Article 47. Cooperation with structures and authorities established by Directive (EU) 2022/2555
4 obligations
EU-DORA-47-01
Requirement
ESAs and competent authorities may participate in Cooperation Group activities
ESAs and competent authorities may participate in the activities of the Cooperation Group established by Article 14 of D
EU-DORA-47-02
Requirement
Request invitation to Cooperation Group for critical ICT third-party providers
ESAs and competent authorities may request to be invited to participate in Cooperation Group activities for matters rela
EU-DORA-47-04
Requirement
Request technical advice and assistance from NIS2 competent authorities
Competent authorities may request relevant technical advice and assistance from the competent authorities designated or
EU-DORA-47-05
Requirement
Establish cooperation arrangements with NIS2 authorities
Competent authorities may establish cooperation arrangements to allow effective and fast-response coordination mechanism
Article 48. Cooperation between authorities
1 obligation
Article 49. Financial cross-sector exercises, communication and cooperation
5 obligations
EU-DORA-49-01
Requirement
Cross-sector practices sharing mechanism establishment
ESAs, through the Joint Committee and in collaboration with specified authorities, may establish mechanisms to enable th
EU-DORA-49-02
Requirement
Crisis management and contingency exercises development
ESAs and collaborating authorities may develop crisis management and contingency exercises involving cyber-attack scenar
EU-DORA-49-03
Requirement
Cross-sector dependency testing in exercises
Crisis management and contingency exercises may, as appropriate, also test the financial sector's dependencies on other
EU-DORA-49-04
Requirement
Close cooperation and information exchange duty
Competent authorities, ESAs and the ECB shall cooperate closely with each other and exchange information to carry out th
EU-DORA-49-05
Requirement
Close supervision coordination requirement
Competent authorities, ESAs and the ECB shall closely coordinate their supervision in order to identify and remedy breac
Article 50. Administrative penalties and remedial measures
14 obligations
EU-DORA-50-01
Requirement
Grant necessary supervisory, investigatory and sanctioning powers
Competent authorities must be granted all supervisory, investigatory and sanctioning powers necessary to fulfil their du
EU-DORA-50-02
Requirement
Grant document and data access powers
Competent authorities must be granted the power to have access to any document or data held in any form that they consid
EU-DORA-50-03
Requirement
Grant on-site inspection powers including summoning representatives
Competent authorities must be granted the power to carry out on-site inspections or investigations, including summoning
EU-DORA-50-04
Requirement
Grant interview powers for information collection
Competent authorities must be granted the power to interview any other natural or legal person who consents to be interv
EU-DORA-50-05
Requirement
Grant corrective and remedial measures powers
Competent authorities must be granted the power to require corrective and remedial measures for breaches of the requirem
EU-DORA-50-06
Requirement
Establish administrative penalties and remedial measures rules
Member States must lay down rules establishing appropriate administrative penalties and remedial measures for breaches o
EU-DORA-50-07
Requirement
Ensure penalties are effective, proportionate and dissuasive
Administrative penalties and measures must be effective, proportionate and dissuasive.
EU-DORA-50-08
Requirement
Grant power to issue cease and desist orders
Member States must confer on competent authorities the power to issue an order requiring the natural or legal person to
EU-DORA-50-09
Requirement
Grant power to require cessation of contrary practices
Member States must confer on competent authorities the power to require the temporary or permanent cessation of any prac
EU-DORA-50-10
Requirement
Grant power to adopt compliance measures including pecuniary
Member States must confer on competent authorities the power to adopt any type of measure, including of pecuniary nature
EU-DORA-50-11
Requirement
Grant power to require telecommunication traffic records
Member States must confer on competent authorities the power to require, insofar as permitted by national law, existing
EU-DORA-50-12
Requirement
Grant power to issue public notices and statements
Member States must confer on competent authorities the power to issue public notices, including public statements indica
EU-DORA-50-13
Requirement
Grant power to apply penalties to management and responsible individuals
Where administrative penalties and remedial measures apply to legal persons, Member States must confer on competent auth
EU-DORA-50-14
Requirement
Ensure reasoned decisions and appeal rights for penalties
Member States must ensure that any decision imposing administrative penalties or remedial measures is properly reasoned
Article 51. Exercise of the power to impose administrative penalties and remedial measures
9 obligations
EU-DORA-51-01
Requirement
Exercise administrative penalty powers in accordance with national frameworks
Competent authorities must exercise their powers to impose administrative penalties and remedial measures (as specified
EU-DORA-51-02
Requirement
Consider intentionality and negligence in penalty determination
Competent authorities must take into account the extent to which a breach is intentional or results from negligence when
EU-DORA-51-03
Requirement
Consider materiality, gravity and duration of breach
Competent authorities must consider the materiality, gravity and duration of the breach when determining administrative
EU-DORA-51-04
Requirement
Consider degree of responsibility in penalty determination
Competent authorities must consider the degree of responsibility of the natural or legal person responsible for the brea
EU-DORA-51-05
Requirement
Consider financial strength in penalty determination
Competent authorities must consider the financial strength of the responsible natural or legal person when determining a
EU-DORA-51-06
Requirement
Consider profits gained or losses avoided in penalty determination
Competent authorities must consider the importance of profits gained or losses avoided by the responsible natural or leg
EU-DORA-51-07
Requirement
Consider losses to third parties in penalty determination
Competent authorities must consider the losses for third parties caused by the breach, insofar as they can be determined
EU-DORA-51-08
Requirement
Consider level of cooperation in penalty determination
Competent authorities must consider the level of cooperation of the responsible natural or legal person with the compete
EU-DORA-51-09
Requirement
Consider previous breaches in penalty determination
Competent authorities must consider previous breaches by the responsible natural or legal person when determining the ty
Article 52. Criminal penalties
2 obligations
EU-DORA-52-01
Requirement
Establish liaison powers for competent authorities in criminal penalty regimes
Where Member States have chosen to lay down criminal penalties for breaches of this Regulation, they must ensure that ap
EU-DORA-52-02
Requirement
Establish powers to provide criminal investigation information to other authorities
Where Member States have chosen to lay down criminal penalties for breaches of this Regulation, they must ensure that co
Article 54. Publication of administrative penalties
4 obligations
EU-DORA-54-03
Requirement
Conduct case-by-case assessment for publication decisions
Competent authorities must conduct a case-by-case assessment to determine if publication of identity would be disproport
EU-DORA-54-04
Requirement
Adopt alternative publication solutions when appropriate
When case-by-case assessment shows publication would be disproportionate, competent authorities must adopt one of three
EU-DORA-54-05
Requirement
May postpone anonymous publication data
In cases where administrative penalties are published anonymously, competent authorities may postpone the publication of
EU-DORA-54-08
Requirement
Limit publication duration to maximum five years
Competent authorities must ensure that publications of administrative penalties remain on their official website only fo
Article 55. Professional secrecy
1 obligation
Chapter VIII — Delegated Acts
Article 57. Exercise of the delegation
1 obligation
Chapter IX — Transitional and Final Provisions
Article 58. Review clause
4 obligations
EU-DORA-58-02
Requirement
ESAs and ESRB consultation participation for 2028 review
ESAs and ESRB must participate in consultations with the Commission regarding the comprehensive review of DORA provision
EU-DORA-58-04
Requirement
Commission consultation with ESAs, ECB and ESRB for payment systems proposal
If submitting a legislative proposal regarding payment systems and payment-processing activities oversight, the Commissi
EU-DORA-58-05
Requirement
ESAs, ECB and ESRB consultation participation for payment systems review
ESAs, ECB and ESRB must participate in consultations with the Commission regarding potential legislative proposals on pa
EU-DORA-58-07
Requirement
ESAs and auditing oversight bodies consultation for auditor review
ESAs and the Committee of European Auditing Oversight Bodies must participate in consultations with the Commission regar
Article 59. Amendments to Regulation (EC) No 1060/2009
4 obligations
EU-DORA-59-01
Requirement
Credit rating agencies must have effective ICT control and safeguard arrangements
Credit rating agencies shall have effective control and safeguard arrangements for managing ICT systems in accordance wi
EU-DORA-59-02
Requirement
Credit rating agencies must maintain sound administrative and accounting procedures
Credit rating agencies shall have sound administrative and accounting procedures as part of their operational requiremen
EU-DORA-59-03
Requirement
Credit rating agencies must establish internal control mechanisms
Credit rating agencies shall establish and maintain internal control mechanisms as required by the amended regulation.
EU-DORA-59-05
Requirement
Credit rating agencies must implement decision-making procedures and organizational structures
Credit rating agencies must implement and maintain decision-making procedures and organizational structures as required
Article 60. Amendments to Regulation (EU) No 648/2012
6 obligations
EU-DORA-60-01
Requirement
CCP ICT Systems Management Compliance
Central Counterparties (CCPs) must manage their ICT systems in accordance with Regulation (EU) 2022/2554 as part of main
EU-DORA-60-02
Requirement
CCP Organizational Structure Maintenance
Central Counterparties must maintain and operate an organisational structure that ensures continuity and orderly functio
EU-DORA-60-03
Requirement
CCP ICT Business Continuity Policy Implementation
Central Counterparties must establish, implement and maintain ICT business continuity policy and ICT response and recove
EU-DORA-60-04
Requirement
CCP Business Continuity Objective Achievement
Central Counterparties must ensure their business continuity policy and disaster recovery plan aims to preserve function
EU-DORA-60-06
Requirement
Trade Repository ICT Business Continuity Implementation
Trade repositories must establish, implement and maintain ICT business continuity policy and ICT response and recovery p
EU-DORA-60-07
Requirement
Trade Repository Business Continuity Objective Achievement
Trade repositories must ensure their business continuity policy and disaster recovery plan aims to maintain functions, e
Article 61. Amendments to Regulation (EU) No 909/2014
2 obligations
EU-DORA-61-02
Requirement
Business continuity and disaster recovery plan establishment
For services that it provides as well as for each securities settlement system that it operates, a CSD shall establish,
EU-DORA-61-03
Requirement
Transaction and position recovery capability
The disaster recovery plan shall provide for the recovery of all transactions and participants' positions at the time of
Article 62. Amendments to Regulation (EU) No 600/2014
3 obligations
EU-DORA-62-01
Requirement
APA compliance with DORA security requirements
Approved Publication Arrangements (APAs) must comply with all requirements concerning the security of network and inform
EU-DORA-62-02
Requirement
CTP compliance with DORA security requirements
Consolidated Tape Providers (CTPs) must comply with all requirements concerning the security of network and information
EU-DORA-62-03
Requirement
ARM compliance with DORA security requirements
Approved Reporting Mechanisms (ARMs) must comply with all requirements concerning the security of network and informatio
Article 63. Amendment to Regulation (EU) 2016/1011
3 obligations
EU-DORA-63-01
Requirement
Sound Administrative and Accounting Procedures for Critical Benchmarks
Administrators of critical benchmarks must establish and maintain sound administrative and accounting procedures as part
EU-DORA-63-02
Requirement
Internal Control Mechanisms for Critical Benchmarks
Administrators of critical benchmarks must implement internal control mechanisms to ensure proper governance and oversig
EU-DORA-63-04
Requirement
ICT Systems Control and Safeguard Arrangements for Critical Benchmarks
Administrators of critical benchmarks must implement effective control and safeguard arrangements for managing ICT syste