DORA

Preamble (Recital 1 – 106)

Recitals

Chapter I (Article 1 – 4)

General provisions

Article 1

Subject matter

Article 2

Scope

Article 3

Definitions

Article 4

Proportionality principle

Chapter II (Article 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 (Article 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

Chapter IV (Article 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 (Article 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 ITC 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 – 45)

Information-sharing arrangements

Article 45

Information-sharing arrangements on cyber threat information and intelligence

Chapter VII (Article 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 – 57)

Delegated acts

Article 57

Exercise of the delegation

Chapter IX (Article 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 12

Backup policies and procedures, restoration and recovery procedures and methods

TL;DR The Digital Operations Resilience Act from the EU seeks to ensure that ICT systems and data can be restored with minimal disruption and loss in the event of an incident by requiring financial entities to develop and document backup and restoration policies and procedures. These entities must also set up backup systems that can be activated without compromising security or data integrity, as well as test them periodically. They must have ICT systems in place that allow for timely restoration and have redundant ICT capacities. Central securities depositories must have a secondary processing site that is located away from the primary one and is capable of providing the necessary level of services while microenterprises must assess their need to maintain such sites. When restoring data, necessary checks must be performed in order to ensure data integrity.

  1. For the purpose of ensuring the restoration of ICT systems and data with minimum downtime, limited disruption and loss, as part of their ICT riskany reasonably identifiable circumstance in relation to the use of network and information systems which, if materialised, may compromise the security of the network and information systems, of any technology dependent tool or process, of operations and processes, or of the provision of services by producing adverse effects in the digital or physical environment management framework, financial entitiesas defined in Article 2, points (a) to (t) shall develop and document:

    1. backup policies and procedures specifying the scope of the data that is subject to the backup and the minimum frequency of the backup, based on the criticality of information or the confidentiality level of the data;

    2. restoration and recovery procedures and methods.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.

  2. Financial entitiesas defined in Article 2, points (a) to (t) shall set up backup systems that can be activated in accordance with the backup policies and procedures, as well as restoration and recovery procedures and methods. The activation of backup systems shall not jeopardise the security of the network and information systemsa network and information system as defined in Article 6, point 1, of Directive (EU) 2022/2555 or the availability, authenticity, integrity or confidentiality of data. Testing of the backup procedures and restoration and recovery procedures and methods shall be undertaken periodically.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.

  3. When restoring backup data using own systems, financial entitiesas defined in Article 2, points (a) to (t) shall use ICT systems that are physically and logically segregated from the source ICT system. The ICT systems shall be securely protected from any unauthorised access or ICT corruption and allow for the timely restoration of services making use of data and system backups as necessary.

    For central counterpartiesa central counterparty as defined in Article 2, point (1), of Regulation (EU) No 648/2012, the recovery plans shall enable the recovery of all transactions at the time of disruption to allow the central counterpartya central counterparty as defined in Article 2, point (1), of Regulation (EU) No 648/2012 to continue to operate with certainty and to complete settlement on the scheduled date.

    Data reporting service providersa 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 shall additionally maintain adequate resources and have back-up and restoration facilities in place in order to offer and maintain their services at all times.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    exemption Paragraph has a reduced scope, i.e., it does not apply to all financial entities in Article 2(1) but some or only those of a certain size.

  4. Financial entitiesas defined in Article 2, points (a) to (t), other than microenterprisesa financial entity, other than a trading venue, a central counterparty, a trade repository or a central securities depository, which employs fewer than 10 persons and has an annual turnover and/or annual balance sheet total that does not exceed EUR 2 million, shall maintain redundant ICT capacities equipped with resources, capabilities and functions that are adequate to ensure business needs. Microenterprisesa financial entity, other than a trading venue, a central counterparty, a trade repository or a central securities depository, which employs fewer than 10 persons and has an annual turnover and/or annual balance sheet total that does not exceed EUR 2 million shall assess the need to maintain such redundant ICT capacities based on their risk profile.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    exemption Paragraph has a reduced scope, i.e., it does not apply to all financial entities in Article 2(1) but some or only those of a certain size.

  5. Central securities depositoriesa central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014 shall maintain at least one secondary processing site endowed with adequate resources, capabilities, functions and staffing arrangements to ensure business needs.

    The secondary processing site shall be:

    1. located at a geographical distance from the primary processing site to ensure that it bears a distinct risk profile and to prevent it from being affected by the event which has affected the primary site;

    2. capable of ensuring the continuity of 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 identically to the primary site, or providing the level of services necessary to ensure that the financial entity performs its critical operations within the recovery objectives;

    3. immediately accessible to the financial entity’s staff to ensure continuity of 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 in the event that the primary processing site has become unavailable.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    exemption Paragraph has a reduced scope, i.e., it does not apply to all financial entities in Article 2(1) but some or only those of a certain size.
    COIF Paragraph has special considerations for 'critical or important functions' as defined by Article 3 point 22.

  6. In determining the recovery time and recovery point objectives for each function, financial entitiesas defined in Article 2, points (a) to (t) shall take into account whether it is a critical or important functiona 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 and the potential overall impact on market efficiency. Such time objectives shall ensure that, in extreme scenarios, the agreed service levels are met.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
    COIF Paragraph has special considerations for 'critical or important functions' as defined by Article 3 point 22.

  7. When recovering from an ICT-related incidenta single event or a series of linked events unplanned by the financial entity that compromises the security of the network and information systems, and have an adverse impact on the availability, authenticity, integrity or confidentiality of data, or on the services provided by the financial entity, financial entitiesas defined in Article 2, points (a) to (t) shall perform necessary checks, including any multiple checks and reconciliations, in order to ensure that the highest level of data integrity is maintained. These checks shall also be performed when reconstructing data from external stakeholders, in order to ensure that all data is consistent between systems.

    proportionality Paragraph allows for application of the proportionality principle according to Article 4.
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