Article 52
Criminal penalties
TL;DR
The Digital Operations Resilience Act from EU outlines that Member States may opt to not lay down rules for administrative penalties or remedial measures for breaches of the Regulation if they choose to impose criminal penalties instead. Member States should ensure that authorities have the necessary powers to receive and provide information related to criminal investigations or proceedings commenced for breaches of the Regulation to EBA, ESMA or EIOPA for their cooperation purposes.-
Member States may decide not to lay down rules for administrative penalties or remedial measures for breaches that are subject to criminal penalties under their national law.
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Where Member States have chosen to lay down criminal penalties for breaches of this Regulation, they shall ensure that appropriate measures are in place so that competent authoritiesas defined in Article 46 have all the necessary powers to liaise with judicial, prosecuting, or criminal justice authorities within their jurisdiction to receive specific information related to criminal investigations or proceedings commenced for breaches of this Regulation, and to provide the same information to other competent authoritiesas defined in Article 46, as well as EBA, ESMA or EIOPA to fulfil their obligations to cooperate for the purposes of this Regulation.