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Chapter V – Managing of ICT third-party risk (Art. 28-44)

Art. 28 DORA - General principles arrow_right_alt

Art. 29 DORA - Preliminary assessment of ICT concentration risk at entity level arrow_right_alt

Art. 30 DORA - Key contractual provisions arrow_right_alt

Art. 31 DORA - Designation of critical ICT third-party service providers arrow_right_alt

Art. 32 DORA - Structure of the Oversight Framework arrow_right_alt

Art. 33 DORA - Tasks of the Lead Overseer arrow_right_alt

Art. 34 DORA - Operational coordination between Lead Overseers arrow_right_alt

Art. 35 DORA - Powers of the Lead Overseer arrow_right_alt

Art. 36 DORA - Exercise of the powers of the Lead Overseer outside the Union arrow_right_alt

Art. 37 DORA - Request for information arrow_right_alt

Art. 38 DORA - General investigations arrow_right_alt

Art. 39 DORA - Inspections arrow_right_alt

Art. 40 DORA - Ongoing oversight arrow_right_alt

  1. When conducting oversight activities, in particular general investigations or inspections, the Lead Overseer shall be assisted by a joint examination team established for each critical ICT third-party service provider.
  2. The joint examination team referred to in paragraph 1 shall be composed of staff members from:
    1. the ESAs;
    2. the relevant competent authorities supervising the financial entities to which the critical ICT third-party service provider provides ICT services;
    3. the national competent authority referred to in Article 32(4), point (e), on a voluntary basis;
    4. one national competent authority from the Member State where the critical ICT third-party service provider is established, on a voluntary basis.

Members of the joint examination team shall have expertise in ICT matters and in operational risk. The joint examination team shall work under the coordination of a designated Lead Overseer staff member (the ‘Lead Overseer coordinator’).

  1. Within 3 months of the completion of an investigation or inspection, the Lead Overseer, after consulting the Oversight Forum, shall adopt recommendations to be addressed to the critical ICT third-party service provider pursuant to the powers referred to in Article 35.
  2. The recommendations referred to in paragraph 3 shall be immediately communicated to the critical ICT third-party service provider and to the competent authorities of the financial entities to which it provides ICT services.

For the purposes of fulfilling the oversight activities, the Lead Overseer may take into consideration any relevant third-party certifications and ICT third-party internal or external audit reports made available by the critical ICT third-party service provider.

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  • 95

Recital 95

To leverage the specific competences, technical skills and expertise of staff specialising in operational and ICT risk within the competent authorities, the three ESAs and, on a voluntary basis, the competent authorities under Directive (EU) 2022/2555, the Lead Overseer should draw on national supervisory capabilities and knowledge and set up dedicated examination teams for each critical ICT third-party service provider, pooling multidisciplinary teams in support of the preparation and execution of oversight activities, including general investigations and inspections of critical ICT third-party service providers, as well as for any necessary follow-up thereto.

Art. 41 DORA - Harmonisation of conditions enabling the conduct of the oversight activities arrow_right_alt

Art. 42 DORA - Follow-up by competent authorities arrow_right_alt

Art. 43 DORA - Oversight fees arrow_right_alt

Art. 44 DORA - International cooperation arrow_right_alt