Digital Operational Resilience Act Explained

The Digital Operational Resilience Act (DORA), officially Regulation (EU) 2022/2554 is a European Union regulation.[1] [2] It requires financial entities to improve their digital operational resilience.

Aim

DORA aims to improve the digital operational resilience of financial entities in the EU and their ICT suppliers and create a uniform regulatory framework across the EU, in order to reduce the susceptibility to cyber threats across the entire value chain of the financial sector. In addition, DORA intends to harmonize national regulations regarding the security of IT systems in the financial sector, thus strengthening the European financial market as a whole against cyber risks and information and communications technology incidents.

Scope

The regulation applies to financial entities and third-party suppliers of ICT services. Article 2 defines financial entities as:

The regulation explicitly does not apply to:

Proportionality principle

Article 4 defines the proportionality principle, resulting in some exceptions for smaller enterprises which fall within the scope of the regulation despite their size. This allows for a simplified implementation of certain requirements in accordance with the overall risk profile of the enterprise. An example for this is the simplified ICT risk management framework according to Article 16 in combination with a regulatory technical standard (RTS).

Structure

The regulation comprises 64 articles divided into 9 chapters:

  1. General provisions (Art. 1–4)
  2. ICT risk management (Art. 5–16)
  3. ICT-related incident management, classification and reporting (Art. 17–23)
  4. Digital operational resilience testing (Art. 24–27)
  5. Managing of ICT third-party risk (Art. 28–44)
  6. Information-sharing arrangements (Art. 45)
  7. Competent authorities (Art. 46–56)
  8. Delegated acts (Art. 57)
  9. Transitional and final provisions (Art. 58–64)

In addition, the European Supervisory Authorities develop regulatory and implementing technical standards (RTS and ITS), which, being published in the Official Journal of the European Union, also become legally binding:

TypeSubjectDORA referenceImplementedStatus
RTSICT risk management frameworkArt. 15Commission Delegated Regulation (EU) 2024/1774In force
RTSSimplified ICT risk management frameworkArt. 16 (3)Commission Delegated Regulation (EU) 2024/1774In force
RTSClassification of ICT-related incidents and cyber threatsArt. 18 (3)Commission Delegated Regulation (EU) 2024/1772In force
RTSContent of the reports for major ICT-related incidentsArt. 20 (a)Adopted October 23, 2024; pending publication in Official Journal
ITSStandard forms, templates and procedures for financial entities to report a major ICT-related incidentArt. 20 (b)Final draft published July 17, 2024
RTSThreat-led penetration testingArt. 26 (11)Final draft published July 17, 2024
ITSStandard templates for the purposes of the register of informationArt. 28 (9)Draft rejected by the Commission on September 3, 2024
RTSPolicy on the use of ICT services supporting critical or important functions provided by ICT third-party service providers (third-party policy)Art. 28 (10)Commission Delegated Regulation (EU) 2024/1773In force
RTSSpecification of elements when subcontracting ICT services supporting critical or important functionsArt. 30 (5)Final draft published July 26, 2024
GuidelinesCooperation between the ESAs and the competent authorities regarding the structure of the oversight frameworkArt. 32 (7)Published November 6, 2024
RTSHarmonisation of conditions enabling the conduct of the oversight activitiesArt. 41Adopted October 24, 2024; pending publication in Official Journal

Notes and References

  1. Book: Pattison, Andrew . A Guide to the EU Digital Operational Resilience Act . . 9781787784536.
  2. Web site: Rodenburg-Luitse . Willemijn . 2023-01-25 . EU neemt met Dora baanbrekende it-wetgeving aan . 2024-05-21 . Computable.nl . nl-NL.