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 40 Ongoing oversight

TL;DR The Digital Operations Resilience Act from the EU sets out rules for oversight activities on critical ICT third-party service providers. These activities include general investigations or inspections and involve a joint examination team composed of members from the ESAs, relevant competent authorities, and national competent authorities from the Member State where the critical ICT third-party service provider is established. The joint examination team is led by a designated Lead Overseer staff member and all members must have expertise in ICT matters and operational risk. After completion of an investigation or inspection, the Lead Overseer will adopt recommendations to the critical ICT third-party service provider, which will be communicated to the competent authorities of the financial entities to which it provides ICT services. The Lead Overseer may also take into consideration any relevant third-party certifications and ICT third-party internal or external audit reports made available by the critical ICT third-party service provider.

  1. When conducting oversight activities, in particular general investigations or inspections, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall be assisted by a joint examination team established for each critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31;.

  2. The joint examination team referred to in paragraph 1 shall be composed of staff members from:

    1. the ESAsEuropean Supervisory Authority;

    2. the relevant competent authoritiesas defined in Article 46 supervising the financial entitiesas defined in Article 2, points (a) to (t) to which the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; provides 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;;

    3. the national competent authorityas defined in Article 46 referred to in Article 32(4), point (e), on a voluntary basis;

    4. one national competent authorityas defined in Article 46 from the Member State where the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; is established, on a voluntary basis.

    Members of the joint examination team shall have expertise in ICT matters and in operational risk. The joint examination team shall work under the coordination of a designated Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; staff member (the ‘Lead Overseer coordinator’).

  3. Within 3 months of the completion of an investigation or inspection, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation;, after consulting the Oversight Foruma sub-committee of the Joint Committee for the purposes of supporting the work of the Joint Committee and of the Lead Overseer in the area of ICT third-party risk across financial sectors, shall adopt recommendations to be addressed to the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; pursuant to the powers referred to in Article 35.

  4. The recommendations referred to in paragraph 3 shall be immediately communicated to the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; and to the competent authoritiesas defined in Article 46 of the financial entitiesas defined in Article 2, points (a) to (t) to which it provides 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;.

    For the purposes of fulfilling the oversight activities, the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; may take into consideration any relevant third-party certifications and ICT third-party internal or external audit reports made available by the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31;.

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