
DORA places different demands on financial entities and their ICT service providers.
Are you a financial entity or an ICT service provider?
What is a financial entity according to DORA?
DORA applies across the entire financial sector. According to Art. 2 (1) DORA, the following financial entities are covered by the scope of application:
- CRR credit institutions,
- payment institutions,
- account information service providers,
- e-money institutions,
- investment firms,
- providers of crypto services authorized under the Regulation of the European Parliament and of the Council on Markets in Crypto Assets (MiCAR) and issuers of asset-referenced tokens,
- central securities depositories,
- central counterparties,
- trading venues,
- trade repositories,
- managers of alternative investment funds,
- management companies,
- data reporting service providers,
- insurance and reinsurance undertakings,
- insurance intermediaries, reinsurance intermediaries and insurance intermediaries in ancillary activity,
- institutions for occupational retirement provision,
- credit rating agencies,
- administrators of critical benchmarks,
- crowdfunding service providers,
- securitisation repositories
What is an ICT service provider?
“ICT services” stands for internet and communication services. According to the definition in Art. 3 No. 21 DORA, ICT services are:
digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services.
This includes:
- ICT project management
- ICT development (business analysis, software design and development, testing)
- ICT help desk and first level support in the event of ICT incidents
- ICT security management services (protection, detection, response and recovery, including security incident handling and forensics)
- Provision of data (digital data service)
- Services to support data analysis (digital data service)
- Provision of ICT infrastructure, facilities and hosting services (this includes the provision of utilities (energy, heat management, etc.), telecommunications access and physical security, excluding cloud services)
- Computation (Provision of digital processing capabilities (including data computation). This excludes the computation services performed in the context of a cloud environment
- Provision of a data storage platform (excluding cloud services)
- Operating telecommunications systems and managing data flows (traditional analog telephone services are excluded under Article 3 (21) DORA, but virtual telephony is not)
- Provision of network infrastructure
- Provision of workstations, telephones, servers, data, storage devices, appliances, etc. as a service
- Provision of software on premise / software licensing
- Provision of services related to IT infrastructure (systems and hardware other than network), configuration, maintenance, installation, capacity management, business continuity management, etc., including managed service providers (MSP)
- ICT advice / ICT consulting / ICT expertise services
- ICT Risk Management such as verification of compliance with the ICT risk management requirements of Art. 6 para. 10 DORA
- Cloud: Infrastructure-as-a-service, Platform-as-a-service and Software-as-a-service