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DORA

Preamble (Recitals 1 – 106)

Recitals

Chapter I (Articles 1 – 4)

General provisions

Article 1

Subject matter

Article 2

Scope

Article 3

Definitions

Article 4

Proportionality principle

Chapter II (Articles 5 – 16)

ICT risk management

Section I

Article 5

Governance and organisation

Section II

Article 6

ICT risk management framework

Article 7

ICT systems, protocols and tools

Article 8

Identification

Article 9

Protection and prevention

Article 10

Detection

Article 11

Response and recovery

Article 12

Backup policies and procedures, restoration and recovery procedures and methods

Article 13

Learning and evolving

Article 14

Communication

Article 15

Further harmonisation of ICT risk management tools, methods, processes and policies

Article 16

Simplified ICT risk management framework

Chapter III (Articles 17 – 23)

ICT-related incident management, classification and reporting

Article 17

ICT-related incident management process

Article 18

Classification of ICT-related incidents and cyber threats

Article 19

Reporting of major ICT-related incidents and voluntary notification of significant cyber threats

Article 20

Harmonisation of reporting content and templates

Article 21

Centralisation of reporting of major ICT-related incidents

Article 22

Supervisory feedback

Article 23

Operational or security payment-related incidents concerning credit institutions, payment institutions, account information service providers, and electronic money institutions

Chapter IV (Articles 24 – 27)

Digital operational resilience testing

Article 24

General requirements for the performance of digital operational resilience testing

Article 25

Testing of ICT tools and systems

Article 26

Advanced testing of ICT tools, systems and processes based on TLPT

Article 27

Requirements for testers for the carrying out of TLPT

Chapter V (Articles 28 – 44)

Managing of ICT third-party risk

Section I

Key principles for a sound management of ICT third-party risk

Article 28

General principles

Article 29

Preliminary assessment of ICT concentration risk at entity level

Article 30

Key contractual provisions

Section II

Oversight framework of critical ICT third-party service providers

Article 31

Designation of critical ICT third-party service providers

Article 32

Structure of the Oversight Framework

Article 33

Tasks of the Lead Overseer

Article 34

Operational coordination between Lead Overseers

Article 35

Powers of the Lead Overseer

Article 36

Exercise of the powers of the Lead Overseer outside the Union

Article 37

Request for information

Article 38

General investigations

Article 39

Inspections

Article 40

Ongoing oversight

Article 41

Harmonisation of conditions enabling the conduct of the oversight activities

Article 42

Follow-up by competent authorities

Article 43

Oversight fees

Article 44

International cooperation

Chapter VI (Article 45)

Information-sharing arrangements

Article 45

Information-sharing arrangements on cyber threat information and intelligence

Chapter VII (Articles 46 – 56)

Competent authorities

Article 46

Competent authorities

Article 47

Cooperation with structures and authorities established by Directive (EU) 2022/2555

Article 48

Cooperation between authorities

Article 49

Financial cross-sector exercises, communication and cooperation

Article 50

Administrative penalties and remedial measures

Article 51

Exercise of the power to impose administrative penalties and remedial measures

Article 52

Criminal penalties

Article 53

Notification duties

Article 54

Publication of administrative penalties

Article 55

Professional secrecy

Article 56

Data Protection

Chapter VIII (Article 57)

Delegated acts

Article 57

Exercise of the delegation

Chapter IX (Articles 58 – 64)

Transitional and final provisions

Section I

Article 58

Review clause

Section II

Amendments

Article 59

Amendments to Regulation (EC) No 1060/2009

Article 60

Amendments to Regulation (EU) No 648/2012

Article 61

Amendments to Regulation (EU) No 909/2014

Article 62

Amendments to Regulation (EU) No 600/2014

Article 63

Amendment to Regulation (EU) 2016/1011

Article 64

Entry into force and application

Article 50 Administrative penalties and remedial measures

TL;DR This article from the European Union's Digital Operations Resilience Act outlines the powers and penalties possessed by competent authorities in order to ensure compliance with the Act's requirements. They include the right to access documents, carry out inspections and investigations, summon financial entity representatives for questioning, issue corrective measures, and lay down rules for administrative penalties and remedial measures. Administrative penalty and remedial measures may range from requiring a cessation of activities in breach of the regulation, pecuniary measures for continued compliance, access to telecommunications records in support of an investigation, and public notices and statements. In cases involving legal persons, such penalties and measures may extend to members of the management body and other relevant individuals under national law. All decisions imposed are to be properly reasoned and allow for a right of appeal.

  1. Competent authoritiesas defined in Article 46 shall have all supervisory, investigatory and sanctioning powers necessary to fulfil their duties under this Regulation.

  2. The powers referred to in paragraph 1 shall include at least the following powers to:

    1. have access to any document or data held in any form that the competent authorityas defined in Article 46 considers relevant for the performance of its duties and receive or take a copy of it;

    2. carry out on-site inspections or investigations, which shall include but shall not be limited to;

      1. summoning representatives of the financial entitiesas defined in Article 2, points (a) to (t) for oral or written explanations on facts or documents relating to the subject matter and purpose of the investigation and to record the answers;

      2. interviewing any other natural or legal person who consents to be interviewed for the purpose of collecting information relating to the subject matter of an investigation;

    3. require corrective and remedial measures for breaches of the requirements of this Regulation.

  3. Without prejudice to the right of Member States to impose criminal penalties in accordance with Article 52, Member States shall lay down rules establishing appropriate administrative penalties and remedial measures for breaches of this Regulation and shall ensure their effective implementation.

    Those penalties and measures shall be effective, proportionate and dissuasive.

  4. Member States shall confer on competent authoritiesas defined in Article 46 the power to apply at least the following administrative penalties or remedial measures for breaches of this Regulation:

    1. issue an order requiring the natural or legal person to cease conduct that is in breach of this Regulation and to desist from a repetition of that conduct;

    2. require the temporary or permanent cessation of any practice or conduct that the competent authorityas defined in Article 46 considers to be contrary to the provisions of this Regulation and prevent repetition of that practice or conduct;

    3. adopt any type of measure, including of pecuniary nature, to ensure that financial entitiesas defined in Article 2, points (a) to (t) continue to comply with legal requirements;

    4. require, insofar as permitted by national law, existing data traffic records held by a telecommunication operator, where there is a reasonable suspicion of a breach of this Regulation and where such records may be relevant to an investigation into breaches of this Regulation; and

    5. issue public notices, including public statements indicating the identity of the natural or legal person and the nature of the breach.

  5. Where paragraph 2, point (c), and paragraph 4 apply to legal persons, Member States shall confer on competent authoritiesas defined in Article 46 the power to apply the administrative penalties and remedial measures, subject to the conditions provided for in national law, to members of the management bodymeans a management body as defined in Article 4(1), point (36), of Directive 2014/65/EU, Article 3(1), point (7), of Directive 2013/36/EU, Article 2(1), point (s), of Directive 2009/65/EC of the European Parliament and of the Council (31), Article 2(1), point (45), of Regulation (EU) No 909/2014, Article 3(1), point (20), of Regulation (EU) 2016/1011, and in the relevant provision of the Regulation on markets in crypto-assets, or the equivalent persons who effectively run the entity or have key functions in accordance with relevant Union or national law;, and to other individuals who under national law are responsible for the breach.

    management body Paragraph has special considerations for 'management body' as defined by Article 3 point 30.

  6. Member States shall ensure that any decision imposing administrative penalties or remedial measures set out in paragraph 2, point (c), is properly reasoned and is subject to a right of appeal.

Table of contents