Recital 77

Recital 77

Digital Operational Resilience Act · UE 2022/2554

(77)

The Oversight Framework should apply only to critical ICT third-party service providers. There should therefore be a designation mechanism to take into account the dimension and nature of the financial sector’s reliance on such ICT third-party service providers. That mechanism should involve a set of quantitative and qualitative criteria to set the criticality parameters as a basis for inclusion in the Oversight Framework. In order to ensure the accuracy of that assessment, and regardless of the corporate structure of the ICT third-party service provider, such criteria should, in the case of a ICT third-party service provider that is part of a wider group, take into consideration the entire ICT third-party service provider’s group structure. On the one hand, critical ICT third-party service providers, which are not automatically designated by virtue of the application of those criteria, should have the possibility to opt in to the Oversight Framework on a voluntary basis, on the other hand, ICT third-party service providers, that are already subject to oversight mechanism frameworks supporting the fulfilment of the tasks of the European System of Central Banks as referred to in Article 127(2) TFEU, should be exempted.

Luxembourg specificity
loi luxembourgeoise du 1er juin 2023 portant mise en oeuvre du reglement (UE) 2022/2554 (DORA) et circulaire CSSF 22/806

In Luxembourg, the CSSF is the competent authority for DORA supervision of financial entities, cooperating with the ESAs Joint Oversight Forum on designated critical ICT providers. The law of 1 June 2023 implementing the DORA regulation clarifies the CSSF's powers over the ICT outsourcing chain, complementing circular CSSF 22/806 on outsourcing arrangements which remains applicable for the scope not covered by DORA.

Luxgap practice: on the Luxembourg financial centre, heavily concentrated on a few hyperscalers and Tier IV data centres (LuxConnect, eBRC), we recommend systematic cross-checking between your DORA register and your circular 22/806 outsourcing register, to avoid blind spots and anticipate ESAs designations on local providers.