EIOPA · 2751

ICT risk management (DORA)

Regulation
(EU) 2022/2554 - Digital Operational Resilience Act (DORA)
Article
30(3)(e)(i)
Topic
ICT risk management (DORA)
Submitted
2023-08-07
Answered
2024-03-14

Question

Is our understanding correct that the requirement to have the right to agree on alternative assurance levels if other clients’ rights are affected is only required if the unrestricted rights of access, inspection and audit are limited where the unrestricted access would affect ICT third-party service provider’s other clients? In other words, Art. 30 para 3(e)(ii) is not an additional requirement that needs to be fulfilled if Art. 30 para 3(e)(i) is already agreed without such restriction?

Background

A right to agree to alternative assurance levels does not seem required if the (primary) assurance levels of Art. 30 para 3(e)(i) have been granted without any restriction due to the ICT third-party service provider’s other clients. However, listing this right as an individual requirement in the list of requirements implies that it would have to be provided in addition to the unrestricted rights of access, inspection and audit.

Answer

This question has been rejected because it seeks to reinterpret the regulation.

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

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