Requirements for testers for the carrying out of TLPT
Digital Operational Resilience Act · UE 2022/2554
Requirements for testers for the carrying out of TLPT
1. Financial entities shall only use testers for the carrying out of TLPT, that:
| (a) | are of the highest suitability and reputability; |
| (b) | possess technical and organisational capabilities and demonstrate specific expertise in threat intelligence, penetration testing and red team testing; |
| (c) | are certified by an accreditation body in a Member State or adhere to formal codes of conduct or ethical frameworks; |
| (d) | provide an independent assurance, or an audit report, in relation to the sound management of risks associated with the carrying out of TLPT, including the due protection of the financial entity’s confidential information and redress for the business risks of the financial entity; |
| (e) | are duly and fully covered by relevant professional indemnity insurances, including against risks of misconduct and negligence. |
2. When using internal testers, financial entities shall ensure that, in addition to the requirements in paragraph 1, the following conditions are met:
| (a) | such use has been approved by the relevant competent authority or by the single public authority designated in accordance with Article 26(9) and (10); |
| (b) | the relevant competent authority has verified that the financial entity has sufficient dedicated resources and ensured that conflicts of interest are avoided throughout the design and execution phases of the test; and |
| (c) | the threat intelligence provider is external to the financial entity. |
3. Financial entities shall ensure that contracts concluded with external testers require a sound management of the TLPT results and that any data processing thereof, including any generation, store, aggregation, draft, report, communication or destruction, do not create risks to the financial entity.
In Luxembourg, threat led penetration tests are run through the TIBER-LU framework, under the authority of the CSSF as the competent authority designated under Article 26. Tester selection and any use of internal testers must be validated according to TIBER-LU rules, in line with delegated regulation (EU) 2025/1190 which specifies the TLPT requirements.
Luxgap practice: verify upfront that your provider sits within an accreditation scheme recognised by the CSSF and obtain approval for any internal red team use before the design phase, otherwise the test may be rejected.
