Harmonisation of reporting content and templates

The ESAsEuropean Supervisory Authority, through the Joint Committeethe committee referred to in Article 54 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, and in consultation with ENISA and the ECB, shall develop:

1. common draft regulatory technical standards in order to:

   1. establish the content of the reports for major ICT-related incidentsan ICT-related incident that has a high adverse impact on the network and information systems that support critical or important functions of the financial entity in order to reflect the criteria laid down in Article 18(1) and incorporate further elements, such as details for establishing the relevance of the reporting for other Member States and whether it constitutes a major operational or security payment-related incidenta single event or a series of linked events unplanned by the financial entities referred to in Article 2(1), points (a) to (d), whether ICT-related or not, that has an adverse impact on the availability, authenticity, integrity or confidentiality of payment-related data, or on the payment-related services provided by the financial entity or not;

   2. determine the time-limits for the initial notification and for each report referred to in Article 19(4);

   3. establish the content of the notification for significant cyber threatsa cyber threat the technical characteristics of which indicate that it could have the potential to result in a major ICT-related incident or a major operational or security payment-related incident.

   When developing those draft regulatory technical standards, the ESAsEuropean Supervisory Authority shall take into account the size and the overall risk profile of the financial entity, and the nature, scale and complexity of its services, activities and operations, and in particular, with a view to ensuring that, for the purposes of this subparagraph, point (a), point (ii), different time-limits may reflect, as appropriate, specificities of financial sectors, without prejudice to maintaining a consistent approach to 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 reporting pursuant to this Regulation and to Directive (EU) 2022/2555. The ESAsEuropean Supervisory Authority shall, as applicable, provide justification when deviating from the approaches taken in the context of that Directive.

2. common draft implementing technical standards in order to establish the standard forms, templates and procedures for financial entitiesas defined in Article 2, points (a) to (t) to report a major ICT-related incidentan ICT-related incident that has a high adverse impact on the network and information systems that support critical or important functions of the financial entity and to notify a significant cyber threata cyber threat the technical characteristics of which indicate that it could have the potential to result in a major ICT-related incident or a major operational or security payment-related incident.

The ESAsEuropean Supervisory Authority shall submit the common draft regulatory technical standards referred to in the first paragraph, point (a), and the common draft implementing technical standards referred to in the first paragraph, point (b), to the Commission by 17 July 2024.

Power is delegated to the Commission to supplement this Regulation by adopting the common regulatory technical standards referred to in the first paragraph, point (a), in accordance with Articles 10 to 14 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010.

Power is conferred on the Commission to adopt the common implementing technical standards referred to in the first paragraph, point (b), in accordance with Article 15 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010.