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.

  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.

  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.

  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.

  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.

  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.