Recital 96
Digital Operational Resilience Act · UE 2022/2554
| (96) | Whereas costs resulting from oversight tasks would be fully funded from fees levied on critical ICT third-party service providers, the ESAs are. however, likely to incur, before the start of the Oversight Framework, costs for the implementation of dedicated ICT systems supporting the upcoming oversight, since dedicated ICT systems would need to be developed and deployed beforehand. This Regulation therefore provides for a hybrid funding model, whereby the Oversight Framework would, as such, be fully fee-funded, while the development of the ESAs’ ICT systems would be funded from Union and national competent authorities’ contributions. |
In Luxembourg, the CSSF is the competent authority designated for DORA and will contribute to the initial funding of ESA ICT systems via the State budget. The law of 1 August 2024 implementing the DORA regulation grants the CSSF and the CAA supervisory powers over Luxembourg financial entities and organises cooperation with the ESAs within the oversight framework for critical providers.
Luxgap practice: anticipate now, in your contracts with eBRC, LuxConnect, POST Telecom and any cloud provider, a transparency and capping clause on the pass-through of DORA supervision fees.
