EBA · 2024_7047 Final Q&A

Critical Services Affected

Regulation
Regulation (EU) No 2022/2554 (DORA Reg)
Article
18, para. 3
Topic
ICT-related incidents (management / classification / reporting)
Submitted by
Industry association
Submitted
2024-04-03
Answered
2024-12-11
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Article 6 of the Delegated Act on the Classification of Major Incidents states that: "For the purpose of determining the criticality of the services affected as referred to in Article 18(1), point (e), of Regulation (EU) 2022/2554, financial entities shall assess whether the incident: (a) affects or has affected ICT services or network and information systems that support critical or important functions of the financial entity; (b) affects or has affected financial services provided by the financial entity that require authorisation, registration or that are supervised by competent authorities; (c) constitutes or has constituted a successful, malicious and unauthorised access to the network and information systems of the financial entity." Can you confirm please that ALL three of the components are cumulatively required to trigger the criteria on Critical Services Affected?

Background

It is not clear whether ALL three of the components are required or whether ANY of the components would be sufficient to trigger the criteria. If the latter, we have major concerns that the second component will result in almost every incident at a regulated entity being classified as major, with the subsequent overreporting obscuring sight of those incidents which may have systemic impact.

Answer

Article 6 of Commission Delegated Regulation (EU) 2024/1772 provides that ‘financial entities shall assess whether the incident: (a) affects or has affected ICT services or network and information systems that support critical or important functions of the financial entity; (b) Affects or has affected financial services provided by the financial entity that require authorisation, registration or that are supervised by competent authorities; (c) constitutes or has constituted a successful, malicious and unauthorized access to the network and information systems of the financial entity.’ In accordance with Article 8 of the Commission Delegated Regulation, an incident shall be considered major, and therefore be reported to the national competent authority, when it has affected critical services under Article 6 and when the additional specific conditions in Article 8 are met. Accordingly, for the purpose of classification of major ICT incidents under the Delegated Regulation and Article 19(1) of Regulation (EU) 2022/2554, an impact on any of the components listed in Article 6 of the Delegated Regulation should be considered as affecting critical services.

Original source: European Banking Authority, Q&A ID 2024_7047

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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