Article 1 Subject matter

TL;DR

This Regulation provides uniform requirements for security of network and information systems which support the business processes of financial entities. These requirements are applicable to things such as information and communication technology management, reporting of major incidents, digital operational resilience testing and information sharing in relation to threats and vulnerabilities. It also creates a framework for rules on cooperation and supervision of financial entities by competent authorities. This Regulation applies to essential and important entities transposing Article 3 of Directive (EU) 2022/2555. It does not affect Member States' responsibility regarding essential State functions concerning public security, defence and national security.

In order to achieve a high common level of digital operational resiliencemeans the ability of a financial entity to build, assure and review its operational integrity and reliability by ensuring, either directly or indirectly through the use of services provided by ICT third-party service providers, the full range of ICT-related capabilities needed to address the security of the network and information systems which a financial entity uses, and which support the continued provision of financial services and their quality, including throughout disruptions;, this Regulation lays down uniform requirements concerning the security of network and information systemsmeans security of network and information systems as defined in Article 6, point 2, of Directive (EU) 2022/2555; supporting the business processes of financial entitiesas defined in Article 2, points (a) to (t) as follows:
1. requirements applicable to financial entitiesas defined in Article 2, points (a) to (t) in relation to:
  
  information and communication technology (ICT) risk management;
  
  reporting of major ICT-related incidentsmeans an ICT-related incident that has a high adverse impact on the network and information systems that support critical or important functions of the financial entity; and notifying, on a voluntary basis, significant cyber threatsmeans a cyber threat the technical characteristics of which indicate that it could have the potential to result in a major ICT-related incident or a major operational or security payment-related incident; to the competent authoritiesas defined in Article 46;
  
  reporting of major operational or security payment-related incidentsmeans an operational or security payment-related incident that has a high adverse impact on the payment-related services provided; to the competent authoritiesas defined in Article 46 by financial entitiesas defined in Article 2, points (a) to (t) referred to in Article 2(1), points (a) to (d);
  
  digital operational resilience testingas defined in Article 24;
  
  information and intelligence sharing in relation to cyber threatsmeans ‘cyber threat’ as defined in Article 2, point (8), of Regulation (EU) 2019/881; and vulnerabilitiesmeans a weakness, susceptibility or flaw of an asset, system, process or control that can be exploited;;
  
  measures for the sound management of ICT third-party riskmeans an ICT risk that may arise for a financial entity in relation to its use of ICT services provided by ICT third-party service providers or by subcontractors of the latter, including through outsourcing arrangements;;
2. requirements in relation to the contractual arrangements concluded between ICT third-party service providersmeans an undertaking providing ICT services; and financial entitiesas defined in Article 2, points (a) to (t);
3. rules for the establishment and conduct of the Oversight Framework for critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31; when providing services to financial entitiesas defined in Article 2, points (a) to (t);
4. rules on cooperation among competent authoritiesas defined in Article 46, and rules on supervision and enforcement by competent authoritiesas defined in Article 46 in relation to all matters covered by this Regulation.
In relation to financial entitiesas defined in Article 2, points (a) to (t) identified as essential or important entitiesas defined in Article 3 of Directive (EU) 2022/2555 pursuant to national rules transposing Article 3 of Directive (EU) 2022/2555, this Regulation shall be considered a sector-specific Union legal act for the purposes of Article 4 of that Directive.
This Regulation is without prejudice to the responsibility of Member States’ regarding essential State functions concerning public security, defence and national security in accordance with Union law.

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