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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

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

  1. The Lead Overseer shall, in accordance with the delegated act referred to in paragraph 2 of this Article, charge critical ICT third-party service providers fees that fully cover the Lead Overseer’s necessary expenditure in relation to the conduct of oversight tasks pursuant to this Regulation, including the reimbursement of any costs which may be incurred as a result of work carried out by the joint examination team referred to in Article 40, as well as the costs of advice provided by the independent experts as referred to in Article 32(4), second subparagraph, in relation to matters falling under the remit of direct oversight activities.

The amount of a fee charged to a critical ICT third-party service provider shall cover all costs derived from the execution of the duties set out in this Section and shall be proportionate to its turnover.

  1. The Commission is empowered to adopt a delegated act in accordance with Article 57 to supplement this Regulation by determining the amount of the fees and the way in which they are to be paid by 17 July 2024.
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  • 96
  • 98

Recital 96

Whereas costs resulting from oversight tasks would be fully funded from fees levied on critical ICT third-party service providers, the ESAs are. however, likely to incur, before the start of the Oversight Framework, costs for the implementation of dedicated ICT systems supporting the upcoming oversight, since dedicated ICT systems would need to be developed and deployed beforehand. This Regulation therefore provides for a hybrid funding model, whereby the Oversight Framework would, as such, be fully fee-funded, while the development of the ESAs’ ICT systems would be funded from Union and national competent authorities’ contributions.

Recital 98

In order to further quantify and qualify the criteria for the designation of ICT third-party service providers as critical and to harmonise oversight fees, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying the systemic impact that a failure or operational outage of an ICT third-party service provider could have on the financial entities it provides ICT services to, the number of global systemically important institutions (G-SIIs), or other systemically important institutions (O-SIIs), that rely on the ICT third-party service provider in question, the number of ICT third-party service providers active on a given market, the costs of migrating data and ICT workloads to other ICT third-party service providers, as well as the amount of the oversight fees and the way in which they are to be paid. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(1) OJ L 123, 12.5.2016, p. 1.

Art. 44 DORA - International cooperation arrow_right_alt