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 2

Scope

TL;DR The Digital Operations Resilience Act from the EU applies to a number of 'Financial Entities': Credit Institutions, Payment Institutions, Account Information Service Providers, Crypto-Asset Service Providers, Investment Firms, Central Securities Depositories, Central Counterparties, Trading Venues, Trade Repositories, Managers of Alternative Investment Funds, Management Companies, Data Reporting Service Providers, Insurance and Reinsurance Undertakings, Insurance Intermediaries and Ancillary Insurance Intermediaries, Institutions for Occupational Retirement Provision, Credit Rating Agencies, Administrators of Critical Benchmarks, Crowdfunding Service Providers, Securitisation Repositories and ICT Third-Party Service Providers. Member States may also exclude entities from this Regulation.

  1. Without prejudice to paragraphs 3 and 4, this Regulation applies to the following entities:

    1. credit institutionsa credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 of the European Parliament and of the Council;

    2. payment institutionsa payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366, including payment institutionsa payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366 exempted pursuant to Directive (EU) 2015/2366;

    3. account information service providersan account information service provider as referred to in Article 33(1) of Directive (EU) 2015/2366;

    4. electronic money institutionsan electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council, including electronic money institutionsan electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council exempted pursuant to Directive 2009/110/EC;

    5. investment firmsan investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU;

    6. crypto-asset service providersa crypto-asset service provider as defined in the relevant provision of the Regulation on markets in crypto-assets as authorised under a Regulation of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (‘the Regulation on markets in crypto-assets’) and issuers of asset-referenced tokensan issuer of asset-referenced tokens as defined in the relevant provision of the Regulation on markets in crypto-assets;

    7. central securities depositoriesa central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014;

    8. central counterpartiesa central counterparty as defined in Article 2, point (1), of Regulation (EU) No 648/2012;

    9. trading venuesa trading venue as defined in Article 4(1), point (24), of Directive 2014/65/EU;

    10. trade repositoriesa trade repository as defined in Article 2, point (2), of Regulation (EU) No 648/2012;

    11. managers of alternative investment fundsa manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU;

    12. management companiesa management company as defined in Article 2(1), point (b), of Directive 2009/65/EC;

    13. 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;

    14. insurance and reinsurance undertakingsa reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC;

    15. insurance intermediariesan insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 of the European Parliament and of the Council;, reinsurance intermediariesa reinsurance intermediary as defined in Article 2(1), point (5), of Directive (EU) 2016/97 and ancillary insurance intermediariesan ancillary insurance intermediary as defined in Article 2(1), point (4), of Directive (EU) 2016/97;

    16. institutions for occupational retirement provisionan institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341;

    17. credit rating agenciesa credit rating agency as defined in Article 3(1), point (b), of Regulation (EC) No 1060/2009;

    18. administrators of critical benchmarksan administrator of ‘critical benchmarks’ as defined in Article 3(1), point (25), of Regulation (EU) 2016/1011;

    19. crowdfunding service providersa crowdfunding service provider as defined in Article 2(1), point (e), of Regulation (EU) 2020/1503 of the European Parliament and of the Council;

    20. securitisation repositoriesa securitisation repository as defined in Article 2, point (23), of Regulation (EU) 2017/2402 of the European Parliament and of the Council;

    21. ICT third-party service providersan undertaking providing ICT services.

  2. For the purposes of this Regulation, entities referred to in paragraph 1, points (a) to (t), shall collectively be referred to as ‘financial entities’.

  3. This Regulation does not apply to:

    1. managers of alternative investment fundsa manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU as referred to in Article 3(2) of Directive 2011/61/EU;

    2. insurance and reinsurance undertakingsa reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC as referred to in Article 4 of Directive 2009/138/EC;

    3. institutions for occupational retirement provisionan institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341 which operate pension schemes which together do not have more than 15 members in total;

    4. natural or legal persons exempted pursuant to Articles 2 and 3 of Directive 2014/65/EU;

    5. insurance intermediariesan insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 of the European Parliament and of the Council;, reinsurance intermediariesa reinsurance intermediary as defined in Article 2(1), point (5), of Directive (EU) 2016/97 and ancillary insurance intermediariesan ancillary insurance intermediary as defined in Article 2(1), point (4), of Directive (EU) 2016/97 which are 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 or small or medium-sized enterprisesa financial entity that is not a small enterprise and employs fewer than 250 persons and has an annual turnover that does not exceed EUR 50 million and/or an annual balance sheet that does not exceed EUR 43 million;

    6. post office giro institutions as referred to in Article 2(5), point (3), of Directive 2013/36/EU.

  4. Member States may exclude from the scope of this Regulation entities referred to in Article 2(5), points (4) to (23), of Directive 2013/36/EU that are located within their respective territories. Where a Member State makes use of such option, it shall inform the Commission thereof as well as of any subsequent changes thereto. The Commission shall make that information publicly available on its website or other easily accessible means.

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