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Chapter VII – Competent authorities (Art. 46-56)

Art. 46 DORA - Competent authorities arrow_right_alt

Art. 47 DORA - Cooperation with structures and authorities established by Directive (EU) 2022/2555 arrow_right_alt

Art. 48 DORA - Cooperation between authorities arrow_right_alt

Art. 49 DORA - Financial cross-sector exercises, communication and cooperation arrow_right_alt

Art. 50 DORA - Administrative penalties and remedial measures arrow_right_alt

Art. 51 DORA - Exercise of the power to impose administrative penalties and remedial measures arrow_right_alt

  1. Competent authorities shall exercise the powers to impose administrative penalties and remedial measures referred to in Article 50 in accordance with their national legal frameworks, where appropriate, as follows:
    1. directly;
    2. in collaboration with other authorities;
    3. under their responsibility by delegation to other authorities; or
    4. by application to the competent judicial authorities.
  2. Competent authorities, when determining the type and level of an administrative penalty or remedial measure to be imposed under Article 50, shall take into account the extent to which the breach is intentional or results from negligence, and all other relevant circumstances, including the following, where appropriate:
    1. the materiality, gravity and the duration of the breach;
    2. the degree of responsibility of the natural or legal person responsible for the breach;
    3. the financial strength of the responsible natural or legal person;
    4. the importance of profits gained or losses avoided by the responsible natural or legal person, insofar as they can be determined;
    5. the losses for third parties caused by the breach, insofar as they can be determined;
    6. the level of cooperation of the responsible natural or legal person with the competent authority, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that natural or legal person;
    7. previous breaches by the responsible natural or legal person.

Art. 52 DORA - Criminal penalties arrow_right_alt

Art. 53 DORA - Notification duties arrow_right_alt

Art. 54 DORA - Publication of administrative penalties arrow_right_alt

Art. 55 DORA - Professional secrecy arrow_right_alt

Art. 56 DORA - Data Protection arrow_right_alt