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The Digital Operational Resilience Act (DORA) is a new European framework for effective and all-inclusive management of digital risks in Financial Markets.
The framework shifts the focus from only guaranteeing firms’ financial soundness to also ensuring they can maintain resilient operations through an incident of severe operational disruption deriving from cyber security and ICT issues.
By introducing a single consistent supervisory approach across the relevant sectors, DORA ensures convergence and harmonisation of security and resilience practices across the EU.
DORA will apply to more than 22,000 financial entities and ICT service providers operating within the EU. The regulation will introduce specific and prescriptive requirements for all financial market participants including e.g. banks, investment firms, insurance undertakings and intermediaries, crypto asset providers, data reporting providers and cloud service providers.
DORA entered into force on 16 January 2023. With an implementation period of two years, financial entities will be expected to be compliant with the regulation by 17th January 2025.
We view DORA simultaneously as a challenge and opportunity for financial entities. The EU-wide uniform requirements of DORA mean that financial entities need to ensure they can manage a consistent maturity level of cyber security and operational resilience across all their EU operations.
With a two-year “getting ready” period, there is a lot that needs to be considered, implemented, and demonstrated. Starting right now, financial institutions will want to conduct comprehensive gap assessments to evaluate their respective maturity vis-à-vis DORA and timely identify any areas that require further investment and prioritisation. This will put your business in a better position to address more complex requirements such as supply risk management, threat intelligence, and advanced security testing, giving you a competitive advantage on the market.
Financial entities are required to set up a comprehensive ICT risk management framework, including:
set-up and maintain resilient ICT systems and tools that minimise the impact of ICT risk,
identify, classify and document critical functions and assets,
continuously monitor all sources of ICT risks in order to set-up protection and prevention measures,
establish prompt detection of anomalous activities,
put in place dedicated and comprehensive business continuity policies and disaster and recovery plans, incl. yearly testing of the plans, covering all supporting functions,
establish mechanisms to learn and evolve both from external events as well as the entity’s own ICT incidents.
Financial entities are required to:
develop a streamlined process to log/classify all ICT incidents and determine major incidents according to the criteria detailed in the regulation and further specified by the European Supervisory Authorities (EBA, EIOPA and ESMA),
submit an initial, intermediate and final report on ICT-related incidents,
harmonise the reporting of ICT-related incidents through standard templates as developed by the ESAs.
The regulation requires all entities to:
annually perform basic ICT testing of ICT tools and systems,
identify, mitigate and promptly eliminate any weaknesses, deficiencies or gaps with the implementation of counteractive measures,
periodically perform advanced Threat-Led Penetration Testing (TLPT) for ICT services which impact critical functions. ICT third-party service providers are required to participate and fully cooperate in the testing activities.
Financial entities are required to:
ensure sound monitoring of risks emanating from the reliance on ICT third-party providers,
report their complete register of outsourced activities, incl. intra-group services and any changes to the outsourcing of critical services to ICT third party service providers,
take account of IT concentrating risk and risks arising from sub-outsourcing activities
harmonise key elements of the service and relationship with ICT third-party providers to enable a ‘complete’ monitoring,
ensure that the contracts with the ICT third-party providers contain all the necessary monitoring and accessibility details such as a full-service level description, indication of locations where data is being processed, etc.,
critical ICT third-party service providers will be subject to a Union Oversight Framework, which can issue recommendations on the mitigation of identified ICT risks. Financial entities must consider the ICT third-party risks of their service provider who do not follow the defined recommendation.
The regulation encourages financial entities to set-up arrangements amongst themselves to exchange cyber threat information and intelligence,
The supervisory authority will provide relevant anonymized information and intelligence on cyber threats to financial entities. Therefore, entities should implement mechanisms to review and take action on the information shared by the authorities.