Article 2 Scope

TL;DR

The Digital Operations Resilience Act from the EU applies to a number of 'Financial Entities': Credit Institutions, Payment Institutions, Account Information Service Providers, Crypto-Asset Service Providers, Investment Firms, Central Securities Depositories, Central Counterparties, Trading Venues, Trade Repositories, Managers of Alternative Investment Funds, Management Companies, Data Reporting Service Providers, Insurance and Reinsurance Undertakings, Insurance Intermediaries and Ancillary Insurance Intermediaries, Institutions for Occupational Retirement Provision, Credit Rating Agencies, Administrators of Critical Benchmarks, Crowdfunding Service Providers, Securitisation Repositories and ICT Third-Party Service Providers. Member States may also exclude entities from this Regulation.

Without prejudice to paragraphs 3 and 4, this Regulation applies to the following entities:
1. credit institutionsmeans a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 of the European Parliament and of the Council (³²);;
2. payment institutionsmeans a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366;, including payment institutions exempted pursuant to Directive (EU) 2015/2366means a payment institution exempted pursuant to Article 32(1) of Directive (EU) 2015/2366;;
3. account information service providersmeans an account information service provider as referred to in Article 33(1) of Directive (EU) 2015/2366;;
4. electronic money institutionsmeans an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council;, including electronic money institutions exempted pursuant to Directive 2009/110/ECmeans an electronic money institution benefitting from a waiver as referred to in Article 9(1) of Directive 2009/110/EC;;
5. investment firmsmeans an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU;;
6. crypto-asset service providersmeans a crypto-asset service provider as defined in the relevant provision of the Regulation on markets in crypto-assets; as authorised under a Regulation of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (‘the Regulation on markets in crypto-assets’) and issuers of asset-referenced tokensmeans an issuer of asset-referenced tokens as defined in the relevant provision of the Regulation on markets in crypto-assets;;
7. central securities depositoriesmeans a central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014;;
8. central counterpartiesmeans a central counterparty as defined in Article 2, point (1), of Regulation (EU) No 648/2012;;
9. trading venuesmeans a trading venue as defined in Article 4(1), point (24), of Directive 2014/65/EU;;
10. trade repositoriesmeans a trade repository as defined in Article 2, point (2), of Regulation (EU) No 648/2012;;
11. managers of alternative investment fundsmeans a manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU;;
12. management companiesmeans a management company as defined in Article 2(1), point (b), of Directive 2009/65/EC;;
13. data reporting service providersmeans a data reporting service provider within the meaning of Regulation (EU) No 600/2014, as referred to in Article 2(1), points (34) to (36) thereof;;
14. insurance and reinsurance undertakingsmeans a reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC;;
15. insurance intermediariesmeans an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 of the European Parliament and of the Council (³⁴);, reinsurance intermediariesmeans a reinsurance intermediary as defined in Article 2(1), point (5), of Directive (EU) 2016/97; and ancillary insurance intermediariesmeans an ancillary insurance intermediary as defined in Article 2(1), point (4), of Directive (EU) 2016/97;;
16. institutions for occupational retirement provisionmeans an institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341;;
17. credit rating agenciesmeans a credit rating agency as defined in Article 3(1), point (b), of Regulation (EC) No 1060/2009;;
18. administrators of critical benchmarksmeans an administrator of ‘critical benchmarks’ as defined in Article 3(1), point (25), of Regulation (EU) 2016/1011;;
19. crowdfunding service providersmeans a crowdfunding service provider as defined in Article 2(1), point (e), of Regulation (EU) 2020/1503 of the European Parliament and of the Council (³⁵);;
20. securitisation repositoriesmeans a securitisation repository as defined in Article 2, point (23), of Regulation (EU) 2017/2402 of the European Parliament and of the Council (³⁶);;
21. ICT third-party service providersmeans an undertaking providing ICT services;.
For the purposes of this Regulation, entities referred to in paragraph 1, points (a) to (t), shall collectively be referred to as ‘financial entities’.
This Regulation does not apply to:
1. managers of alternative investment fundsmeans a manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU; as referred to in Article 3(2) of Directive 2011/61/EU;
2. insurance and reinsurance undertakingsmeans a reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC; as referred to in Article 4 of Directive 2009/138/EC;
3. institutions for occupational retirement provisionmeans an institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341; which operate pension schemes which together do not have more than 15 members in total;
4. natural or legal persons exempted pursuant to Articles 2 and 3 of Directive 2014/65/EU;
5. insurance intermediariesmeans an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 of the European Parliament and of the Council (³⁴);, reinsurance intermediariesmeans a reinsurance intermediary as defined in Article 2(1), point (5), of Directive (EU) 2016/97; and ancillary insurance intermediariesmeans an ancillary insurance intermediary as defined in Article 2(1), point (4), of Directive (EU) 2016/97; which are microenterprisesmeans a financial entity, other than a trading venue, a central counterparty, a trade repository or a central securities depository, which employs fewer than 10 persons and has an annual turnover and/or annual balance sheet total that does not exceed EUR 2 million; or small or medium-sized enterprisesmeans a financial entity that is not a small enterprise and employs fewer than 250 persons and has an annual turnover that does not exceed EUR 50 million and/or an annual balance sheet that does not exceed EUR 43 million;;
6. post office giro institutions as referred to in Article 2(5), point (3), of Directive 2013/36/EU.
Member States may exclude from the scope of this Regulation entities referred to in Article 2(5), points (4) to (23), of Directive 2013/36/EU that are located within their respective territories. Where a Member State makes use of such option, it shall inform the Commission thereof as well as of any subsequent changes thereto. The Commission shall make that information publicly available on its website or other easily accessible means.

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