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 46 Competent authorities

TL;DR The Digital Operations Resilience Act of the EU states that competence authorities responsible for compliance shall be designated by the European Parliament and Council in accordance with the powers listed in the regulation. These include credit institutions, payment institutions, investment firms, crypto-asset service providers, central securities depositories, central counterparts, trading venues, data reporting service providers, trade repositories, alternative investment funds, management companies, insurance and reinsurance undertakings, insurance intermediaries, institutions for occupational retirement provision, credit rating agencies, administrators of critical benchmarks, crowdfunding service providers, and securitisation repositories.

Without prejudice to the provisions on the Oversight Framework for critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31; referred to in Chapter V, Section II, of this Regulation, compliance with this Regulation shall be ensured by the following competent authoritiesas defined in Article 46 in accordance with the powers granted by the respective legal acts:

  1. for 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); and for institutions exempted pursuant to Directive 2013/36/EUmeans an entity as referred to in Article 2(5), points (4) to (23), of Directive 2013/36/EU;, the competent authorityas defined in Article 46 designated in accordance with Article 4 of that Directive, and for 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); classified as significant in accordance with Article 6(4) of Regulation (EU) No 1024/2013, the ECB in accordance with the powers and tasks conferred by that Regulation;

  2. for 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;, 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 those exempted pursuant to Directive 2009/110/EC, and account information service providersmeans an account information service provider as referred to in Article 33(1) of Directive (EU) 2015/2366; as referred to in Article 33(1) of Directive (EU) 2015/2366, the competent authorityas defined in Article 46 designated in accordance with Article 22 of Directive (EU) 2015/2366;

  3. for investment firmsmeans an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU;, the competent authorityas defined in Article 46 designated in accordance with Article 4 of Directive (EU) 2019/2034 of the European Parliament and of the Council (38)Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (OJ L 314, 5.12.2019, p. 64).;

  4. for 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 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;, the competent authorityas defined in Article 46 designated in accordance with the relevant provision of that Regulation;

  5. for central securities depositoriesmeans a central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014;, the competent authorityas defined in Article 46 designated in accordance with Article 11 of Regulation (EU) No 909/2014;

  6. for central counterpartiesmeans a central counterparty as defined in Article 2, point (1), of Regulation (EU) No 648/2012;, the competent authorityas defined in Article 46 designated in accordance with Article 22 of Regulation (EU) No 648/2012;

  7. for trading venuesmeans a trading venue as defined in Article 4(1), point (24), of Directive 2014/65/EU; and 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;, the competent authorityas defined in Article 46 designated in accordance with Article 67 of Directive 2014/65/EU, and the competent authorityas defined in Article 46 as defined in Article 2(1), point (18), of Regulation (EU) No 600/2014;

  8. for trade repositoriesmeans a trade repository as defined in Article 2, point (2), of Regulation (EU) No 648/2012;, the competent authorityas defined in Article 46 designated in accordance with Article 22 of Regulation (EU) No 648/2012;

  9. for managers of alternative investment fundsmeans a manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU;, the competent authorityas defined in Article 46 designated in accordance with Article 44 of Directive 2011/61/EU;

  10. for management companiesmeans a management company as defined in Article 2(1), point (b), of Directive 2009/65/EC;, the competent authorityas defined in Article 46 designated in accordance with Article 97 of Directive 2009/65/EC;

  11. for insurance and reinsurance undertakingsmeans a reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC;, the competent authorityas defined in Article 46 designated in accordance with Article 30 of Directive 2009/138/EC;

  12. for 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;, the competent authorityas defined in Article 46 designated in accordance with Article 12 of Directive (EU) 2016/97;

  13. for institutions for occupational retirement provisionmeans an institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341;, the competent authorityas defined in Article 46 designated in accordance with Article 47 of Directive (EU) 2016/2341;

  14. for credit rating agenciesmeans a credit rating agency as defined in Article 3(1), point (b), of Regulation (EC) No 1060/2009;, the competent authorityas defined in Article 46 designated in accordance with Article 21 of Regulation (EC) No 1060/2009;

  15. for administrators of critical benchmarksmeans an administrator of ‘critical benchmarks’ as defined in Article 3(1), point (25), of Regulation (EU) 2016/1011;, the competent authorityas defined in Article 46 designated in accordance with Articles 40 and 41 of Regulation (EU) 2016/1011;

  16. for 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);, the competent authorityas defined in Article 46 designated in accordance with Article 29 of Regulation (EU) 2020/1503;

  17. for 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);, the competent authorityas defined in Article 46 designated in accordance with Articles 10 and 14(1) of Regulation (EU) 2017/2402.

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