General provisions (Art. 1 – 4 and 71 - 74 PEPP)

Should or should DORA not apply to the company if the ancillary insurance intermediary activities are not the company’s principal activity, and based on the revenues from these ancillary insurance intermediary activities (rather than overall revenues), the company does not exceed the criteria for a medium-sized enterprise?

We would like to clarify the DORA regulation's application to ancillary insurance intermediaries in specific circumstances when the intermediary activities are not the company’s principal activity. According to Article 2 of DORA, the regulation applies to insurance intermediaries, reinsurance intermediaries, and ancillary insurance intermediaries, except those classified as microenterprises or small or medium-sized enterprises. According to DORA, a "medium-sized enterprise" is a financial entity that is not a small enterprise and meets the following criteria: (I) employs fewer than 250 persons; (ii) has an annual turnover not exceeding EUR 50 million and/or an annual balance sheet total not exceeding EUR 43 million. DORA does not define a "financial entity." However, Regulation (EU) No 575/2013 defines a "financial institution" as an undertaking whose principal activities are related to financial services. The company is a company whose principal activity is unrelated to financial services. In addition, it is an ancillary insurance intermediary. The company exceeds the criteria for a medium-sized enterprise set in DORA in terms of total employees (more than 250) and overall business activities, with revenues exceeding EUR 50 million. However, considering the revenues from ancillary insurance intermediary activities, these are minimal. Based on the revenues from the ancillary insurance intermediary activities, the company would qualify for the exception of micro, small, or medium-sized enterprises. Therefore, we seek clarification on whether DORA applies to the company when all the following criteria are met: (I) The principal activity is not financial services, ii) the intermediary activities are not the company’s primary activity; (iii) the ancillary insurance intermediary activities are minimal.