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 41

Harmonisation of conditions enabling the conduct of the oversight activities

TL;DR The Digital Operations Resilience Act from EU establishes the framework to provide a voluntary request to be designated as a critical ICT third-party service provider in order to ensure the access, use, handling and sharing of critical ICT services. The ESAs, through the Joint Committee, are responsible for developing draft regulatory technical standards to specify the information to be provided, the content and structure of the information to be submitted, the criteria for the composition of the joint examination teams and the details of the competent authority's assessment of measures taken by the critical ICT third-party service providers. The ESAs are to submit those draft regulatory technical standards to the Commission by 17 July 2024 with the power delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards with the procedure laid down in the relevant regulations.

  1. The ESAsEuropean Supervisory Authority shall, 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, develop draft regulatory technical standards to specify:

    1. the information to be provided by an ICT third-party service provideran undertaking providing ICT services in the application for a voluntary request to be designated as critical under Article 31(11);

    2. the content, structure and format of the information to be submitted, disclosed or reported by the ICT third-party service providersan undertaking providing ICT services pursuant to Article 35(1), including the template for providing information on subcontracting arrangements;

    3. the criteria for determining the composition of the joint examination team ensuring a balanced participation of staff members from the ESAsEuropean Supervisory Authority and from the relevant competent authoritiesas defined in Article 46, their designation, tasks, and working arrangements.

    4. the details of the competent authorities’ assessment of the measures taken by critical ICT third-party service providersan ICT third-party service provider designated as critical in accordance with Article 31 based on the recommendations of the Lead Overseerthe European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation pursuant to Article 42(3).

  2. The ESAsEuropean Supervisory Authority shall submit those draft regulatory technical standards to the Commission by 17 July 2024.

    Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in paragraph 1 in accordance with the procedure laid down in Articles 10 to 14 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010.

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