Recital 72

Recital 72

Digital Operational Resilience Act · UE 2022/2554

(72)

In addition to such contractual provisions, and with a view to ensuring that financial entities remain in full control of all developments occurring at third-party level which may impair their ICT security, the contracts for the provision of ICT services supporting critical or important functions should also provide for the following: the specification of the full service level descriptions, with precise quantitative and qualitative performance targets, to enable without undue delay appropriate corrective actions when the agreed service levels are not met; the relevant notice periods and reporting obligations of the ICT third-party service provider in the event of developments with a potential material impact on the ICT third-party service provider’s ability to effectively provide their respective ICT services; a requirement upon the ICT third-party service provider to implement and test business contingency plans and have ICT security measures, tools and policies allowing for the secure provision of services, and to participate and fully cooperate in the TLPT carried out by the financial entity.

Luxembourg specificity
loi luxembourgeoise du 1er aout 2024 portant mise en oeuvre du reglement (UE) 2022/2554 (DORA) et circulaire CSSF 22/806

In Luxembourg, the CSSF is the competent authority supervising DORA compliance of financial entities and has required, since its Circular CSSF 22/806 (ICT outsourcing arrangements), granular contractual documentation of SLAs and exit clauses. The law of 1 August 2024 implementing the DORA Regulation specifies the sanctioning powers of the CSSF and the CAA, and confirms that existing contracts had to be reviewed before 17 January 2025.

Luxgap practice: our teams systematically cross-reference DORA Article 30 requirements with Circular CSSF 22/806 to produce a single contractual review grid, avoiding double compliance and accelerating renegotiations with hyperscalers hosted in Europe (eBRC, LuxConnect, Azure Europe West).