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 39 Inspections

TL;DR This article of the Digital Operations Resilience Act from the EU outlines the process for conducting onsite and offsite inspections of ICT third-party service providers. The Lead Overseer, assisted by joint examination teams, has the power to enter and inspect premises, books, and records. Before inspections can take place, the Lead Overseer must give reasonable notice to the critical ICT third-party service providers and inform the relevant financial entities. The inspections shall cover the full range of relevant ICT systems, networks, devices, information and data related to services provided to financial entities. If the officials are opposed during the inspection, the Lead Overseer will inform the critical ICT third-party service provider of the potential consequences, including potential termination of contractual arrangements.

  1. In order to carry out its duties under this Regulation, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation;, assisted by the joint examination teams referred to in Article 40(1), may enter in, and conduct all necessary onsite inspections on, any business premises, land or property of the ICT third-party service providersmeans an undertaking providing ICT services;, such as head offices, operation centres, secondary premises, as well as to conduct off-site inspections.

    For the purposes of exercising the powers referred to in the first subparagraph, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall consult the JONJoint Oversight Network .

  2. The officials and other persons authorised by the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; to conduct an on-site inspection shall have the power to:

    1. enter any such business premises, land or property; and

    2. seal any such business premises, books or records, for the period of, and to the extent necessary for, the inspection.

    The officials and other persons authorised by the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall exercise their powers upon production of a written authorisation specifying the subject matter and the purpose of the inspection, and the periodic penalty payments provided for in Article 35(6) where the representatives of the critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31; concerned do not submit to the inspection.

  3. In good time before the start of the inspection, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall inform the competent authoritiesas defined in Article 46 of the financial entitiesas defined in Article 2, points (a) to (t) using that ICT third-party service providermeans an undertaking providing ICT services;.

  4. Inspections shall cover the full range of relevant ICT systems, networks, devices, information and data either used for, or contributing to, the provision of ICT servicesmeans digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; to financial entitiesas defined in Article 2, points (a) to (t).

  5. Before any planned on-site inspection, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall give reasonable notice to the critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31;, unless such notice is not possible due to an emergency or crisis situation, or if it would lead to a situation where the inspection or audit would no longer be effective.

  6. The critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; shall submit to on-site inspections ordered by decision of the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation;. The decision shall specify the subject matter and purpose of the inspection, fix the date on which the inspection shall begin and shall indicate the periodic penalty payments provided for in Article 35(6), the legal remedies available under Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, as well as the right to have the decision reviewed by the Court of Justice.

  7. Where the officials and other persons authorised by the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; find that a critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; opposes an inspection ordered pursuant to this Article, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall inform the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; of the consequences of such opposition, including the possibility for competent authoritiesas defined in Article 46 of the relevant financial entitiesas defined in Article 2, points (a) to (t) to require financial entitiesas defined in Article 2, points (a) to (t) to terminate the contractual arrangements concluded with that critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31;.

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