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 8

Identification

TL;DR The Digital Operations Resilience Act from the EU sets out a framework for assessing and managing ICT risks for financial entities. They must identify, classify and properly document ICT business functions, information assets, roles and dependencies in order to mitigate ICT risk. They must also assess cyber threats and vulnerabilities, with additional risk assessments upon major changes in the network or infrastructure. Financial entities must maintain inventories of information assets, processes that depend on third party service providers, and legacy ICT systems and technologies. A specific ICT risk assessment of these items must be done on a regular basis.

  1. As part of the 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 referred to in Article 6(1), financial entitiesas defined in Article 2, points (a) to (t) shall identify, classify and adequately document all ICT supported business functions, roles and responsibilities, the information assetsa collection of information, either tangible or intangible, that is worth protecting and ICT assetsa software or hardware asset in the network and information systems used by the financial entity supporting those functions, and their roles and dependencies in relation to 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. Financial entitiesas defined in Article 2, points (a) to (t) shall review as needed, and at least yearly, the adequacy of this classification and of any relevant documentation.

  2. Financial entitiesas defined in Article 2, points (a) to (t) shall, on a continuous basis, identify all sources of 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, in particular the risk exposure to and from other financial entitiesas defined in Article 2, points (a) to (t), and assess cyber threatsas defined in Article 2, point (8), of Regulation (EU) 2019/881: any potential circumstance, event or action that could damage, disrupt or otherwise adversely impact network and information systems, the users of such systems and other persons and ICT vulnerabilitiesa weakness, susceptibility or flaw of an asset, system, process or control that can be exploited relevant to their ICT supported business functions, information assetsa collection of information, either tangible or intangible, that is worth protecting and ICT assetsa software or hardware asset in the network and information systems used by the financial entity. Financial entitiesas defined in Article 2, points (a) to (t) shall review on a regular basis, and at least yearly, the risk scenarios impacting them.

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

  3. 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 perform a risk assessment upon each major change in the network and information systema network and information system as defined in Article 6, point 1, of Directive (EU) 2022/2555 infrastructure, in the processes or procedures affecting their ICT supported business functions, information assetsa collection of information, either tangible or intangible, that is worth protecting or ICT assetsa software or hardware asset in the network and information systems used by the financial entity.

    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) shall identify all information assetsa collection of information, either tangible or intangible, that is worth protecting and ICT assetsa software or hardware asset in the network and information systems used by the financial entity, including those on remote sites, network resources and hardware equipment, and shall map those considered critical. They shall map the configuration of the information assetsa collection of information, either tangible or intangible, that is worth protecting and ICT assetsa software or hardware asset in the network and information systems used by the financial entity and the links and interdependencies between the different information assetsa collection of information, either tangible or intangible, that is worth protecting and ICT assetsa software or hardware asset in the network and information systems used by the financial entity.

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

  5. Financial entitiesas defined in Article 2, points (a) to (t) shall identify and document all processes that are dependent on ICT third-party service providersan undertaking providing ICT services, and shall identify interconnections with ICT third-party service providersan undertaking providing ICT services that provide services that support 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.

    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.

  6. For the purposes of paragraphs 1, 4 and 5, financial entitiesas defined in Article 2, points (a) to (t) shall maintain relevant inventories and update them periodically and every time any major change as referred to in paragraph 3 occurs.

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

  7. 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 on a regular basis, and at least yearly, conduct a specific 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 assessment on all legacy ICT systemsan ICT system that has reached the end of its lifecycle (end-of- life), that is not suitable for upgrades or fixes, for technological or commercial reasons, or is no longer supported by its supplier or by an ICT third-party service provider, but that is still in use and supports the functions of the financial entity and, in any case before and after connecting technologies, applications or systems.

    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.
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