Recital 12

Recital 12

Digital Operational Resilience Act · UE 2022/2554

(12)

This Regulation aims to consolidate and upgrade ICT risk requirements as part of the operational risk requirements that have, up to this point, been addressed separately in various Union legal acts. While those acts covered the main categories of financial risk (e.g. credit risk, market risk, counterparty credit risk and liquidity risk, market conduct risk), they did not comprehensively tackle, at the time of their adoption, all components of operational resilience. The operational risk rules, when further developed in those Union legal acts, often favoured a traditional quantitative approach to addressing risk (namely setting a capital requirement to cover ICT risk) rather than targeted qualitative rules for the protection, detection, containment, recovery and repair capabilities against ICT-related incidents, or for reporting and digital testing capabilities. Those acts were primarily meant to cover and update essential rules on prudential supervision, market integrity or conduct. By consolidating and upgrading the different rules on ICT risk, all provisions addressing digital risk in the financial sector should for the first time be brought together in a consistent manner in one single legislative act. Therefore, this Regulation fills in the gaps or remedies inconsistencies in some of the prior legal acts, including in relation to the terminology used therein, and explicitly refers to ICT risk via targeted rules on ICT risk-management capabilities, incident reporting, operational resilience testing and ICT third-party risk monitoring. This Regulation should thus also raise awareness of ICT risk and acknowledge that ICT incidents and a lack of operational resilience have the possibility to jeopardise the soundness of financial entities.

Luxembourg specificity
loi luxembourgeoise du 1er juillet 2024 portant mise en oeuvre du reglement (UE) 2022/2554 (DORA)

In Luxembourg, the CSSF is the designated competent authority for DORA and has issued circular 24/847 on ICT incident notification, which now prevails over the former circular 20/750 (ICT risk management framework) for the aspects covered by DORA. The law of 1 July 2024 implementing the DORA regulation formally designates the CSSF and the CAA as competent authorities depending on the entity type, and amends the law of 5 April 1993 on the financial sector and the law of 7 December 2015 on the insurance sector.

Luxgap practice: for a CSSF-supervised entity, the argument 'we already apply circular 12/552 on governance' is no longer sufficient; the CSSF expects evidence of the five DORA qualitative capabilities traced in your operational logs, not only in your internal policies.