Digital Operational Resilience Act Articles (Proposal)

The Articles (Proposal) of the Digital Operational Resilience Act

Digital Operational Resilience Act (DORA), Article 5, ICT risk management framework.

1. Financial entities shall have a sound, comprehensive and well-documented ICT risk management framework, which enables them to address ICT risk quickly, efficiently and comprehensively and to ensure a high level of digital operational resilience that matches their business needs, size and complexity.

2. The ICT risk management framework referred to in paragraph 1 shall include strategies, policies, procedures, ICT protocols and tools which are necessary to duly and effectively protect all relevant physical components and infrastructures, including computer hardware, servers, as well as all relevant premises, data centres and sensitive designated areas, to ensure that all those physical elements are adequately protected from risks including damage and unauthorized access or usage.

3. Financial entities shall minimise the impact of ICT risk by deploying appropriate strategies, policies, procedures, protocols and tools as determined in the ICT risk management framework. They shall provide complete and updated information on ICT risks as required by the competent authorities.

4. As part of the ICT risk management framework referred to in paragraph 1, financial entities other than microenterprises shall implement an information security management system based on recognized international standards and in accordance with supervisory guidance and shall regularly review it.

5. Financial entities other than microenterprises shall ensure appropriate segregation of ICT management functions, control functions, and internal audit functions, according to the three lines of defense model, or an internal risk management and control model.

6. The ICT risk management framework referred to in paragraph 1 shall be documented and reviewed at least once a year, as well as upon the occurrence of major ICT-related incidents, and following supervisory instructions or conclusions derived from relevant digital operational resilience testing or audit processes. It shall be continuously improved on the basis of lessons derived from implementation and monitoring.

7. The ICT risk management framework referred to in paragraph 1 shall be audited on a regular basis by ICT auditors possessing sufficient knowledge, skills and expertise in ICT risk. The frequency and focus of ICT audits shall be commensurate to the ICT risks of the financial entity.

8. A formal follow-up process, including rules for the timely verification and remediation of critical ICT audit findings, shall be established, taking into consideration the conclusions from the audit review while having due regard to the nature, scale and complexity of the financial entities’ services and activities.

9. The ICT risk management framework referred to in paragraph 1 shall include a digital resilience strategy setting out how the framework is implemented. To that effect it shall include the methods to address ICT risk and attain specific ICT objectives, by:

(a) explaining how the ICT risk management framework supports the financial entity’s business strategy and objectives;

(b) establishing the risk tolerance level for ICT risk, in accordance with the risk appetite of the financial entity, and analysing the impact tolerance of ICT disruptions;

(c) setting out clear information security objectives;

(d) explaining the ICT reference architecture and any changes needed to reach specific business objectives;

(e) outlining the different mechanisms put in place to detect, protect and prevent impacts of ICT-related incidents;

(f) evidencing the number of reported major ICT-related incidents and the effectiveness of preventive measures

(g) defining a holistic ICT multi-vendor strategy at entity level showing key dependencies on ICT third-party service providers and explaining the rationale behind the procurement mix of third-party service providers

(h) implementing digital operational resilience testing;

(i) outlining a communication strategy in case of ICT-related incidents.

10. Upon approval of competent authorities, financial entities may delegate the tasks of verifying compliance with the ICT risk management requirements to intra-group or external undertakings.