ICT incident classification

Preamble (Recitals 1 – 18)

Recitals

Chapter I (Articles 1 – 7)

Classification criteria

Article 1

Clients, financial counterparts and transactions

Article 2

Reputational impact

Article 3

Duration and service downtime

Article 4

Geographical spread

Article 5

Data losses

Article 6

Criticality of services affected

Article 7

Economic impact

Chapter II (Articles 8 – 9)

Major incidents and materiality thresholds

Article 8

Major incidents

Article 9

Materiality thresholds for determining major incidents

Chapter III (Article 10)

Significant cyber threats

Article 10

High materiality thresholds for determining significant cyber threats

Chapter IV (Articles 11 – 12)

Relevance of major incidents to competent authorities in other Member States and details of reports to be shared with other competent authorities

Article 11

Relevance of major incidents to competent authorities in other Member States

Article 12

Details of major incidents to be shared with other competent authorities

Chapter V (Article 13)

Final provisions

Article 13

Entry into force

Article 9 Materiality thresholds for determining major incidents

  1. The materiality threshold for the criterion ‘clients, financial counterparts and transactions’ is met where any of the following conditions are fulfilled:

    1. the number of affected clients is higher than 10 % of all clients using the affected service;

    2. the number of affected clients using the affected service is higher than 100000;

    3. the number of affected financial counterparts is higher than 30 % of all financial counterparts carrying out activities related to the provision of the affected service;

    4. the number of affected transactions is higher than 10 % of the daily average number of transactions carried out by the financial entity related to the affected service;

    5. the amount of affected transactions is higher than 10 % of the daily average value of transactions carried out by the financial entity related to the affected service;

    6. clients or financial counterparts which have been identified as relevant in accordance with Article 1(3) have been affected.

    Where the actual number of clients or financial counterparts affected or the actual number or amount of transactions affected cannot be determined, the financial entity shall estimate those numbers or amounts based on available data from comparable reference periods.

  2. The materiality threshold for the criterion ‘reputational impact’ is met where any of the conditions set out in Article 2, points (a) to (d), are fulfilled.

  3. The materiality threshold for the criterion ‘duration and service downtime’ is met where any of the following conditions are fulfilled:

    1. the duration of the incident is longer than 24 hours;

    2. the service downtime is longer than 2 hours for ICT servicesdigital 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 that support critical or important functionsa function the disruption of which would materially impair the financial performance of a financial entity, or the soundness or continuity of its services and activities, or the discontinued, defective or failed performance of that function would materially impair the continuing compliance of a financial entity with the conditions and obligations of its authorisation, or with its other obligations under applicable financial services law.

  4. The materiality threshold for the criterion ‘geographical spread’ is met where the incident has an impact in two or more Member States in accordance with Article 4.

  5. The materiality threshold for the criterion ‘data losses’ is met where any of the following conditions are fulfilled:

    1. any impact as referred to in Article 5 on the availability, authenticity, integrity or confidentiality of data has or will have an adverse impact on the implementation of the business objectives of the financial entity or on its ability to meet regulatory requirements;

    2. any successful, malicious and unauthorised access not covered by point (a) occurs to network and information systemsa network and information system as defined in Article 6, point 1, of Directive (EU) 2022/2555, where such access may result in data losses.

  6. The materiality threshold for the criterion ‘economic impact’ is met where the costs and losses incurred by the financial entity due to the incident have exceeded or are likely to exceed 100000 euro.

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