Skip to content

Overview

REGULATION (EU) 2022/2554 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2022

on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Central Bank 1,

Having regard to the opinion of the European Economic and Social Committee 2,

Acting in accordance with the ordinary legislative procedure 3,

Whereas:

The following recitals

HAVE ADOPTED THIS REGULATION:

Chapter I General provisions
Article 1 Subject matter
Article 3 Definitions
Article 4 Proportionality principle
Chapter II ICT risk management
Article 5 Governance and organisation
Article 6 ICT risk management framework
Article 7 ICT systems, protocols and tools
Article 8 Identification
Article 9 Protection and prevention
Article 10 Detection
Article 11 Response and recovery
Article 12 Backup policies and procedures, restoration and recovery procedures and methods
Article 13 Learning and evolving
Article 14 Communication
Article 15 Further harmonisation of ICT risk management tools, methods, processes and policies
Article 16 Simplified ICT risk management framework
Chapter III ICT-related incident management, classification and reporting
Article 17 ICT-related incident management process
Article 18 Classification of ICT-related incidents and cyber threats
Article 19 Reporting of major ICT-related incidents and voluntary notification of significant cyber threats
Article 20 Harmonisation of reporting content and templates
Article 21 Centralisation of reporting of major ICT-related incidents
Article 22 Supervisory feedback
Article 23 Operational or security payment-related incidents concerning credit institutions, payment institutions, account information service providers, and electronic money institutions
Chapter IV Digital operational resilience testing
Article 24 General requirements for the performance of digital operational resilience testing
Article 25 Testing of ICT tools and systems
Article 26 Advanced testing of ICT tools, systems and processes based on TLPT
Article 27 Requirements for testers for the carrying out of TLPT
Chapter V Managing of ICT third-party risk
Section I Key principles for a sound management of ICT third-party risk
Article 28 General principles
Article 29 Preliminary assessment of ICT concentration risk at entity level
Article 30 Key contractual provisions
Section II Oversight Framework of critical ICT third-party service providers
Article 31 Designation of critical ICT third-party service providers
Article 32 Structure of the Oversight Framework
Article 33 Tasks of the Lead Overseer
Article 34 Operational coordination between Lead Overseers
Article 35 Powers of the Lead Overseer
Article 36 Exercise of the powers of the Lead Overseer outside the Union
Article 37 Request for information
Article 38 General investigations
Article 39 Inspections
Article 40 Ongoing oversight
Article 41 Harmonisation of conditions enabling the conduct of the oversight activities
Article 42 Oversight fees
Chapter VI Information-sharing arrangements
Article 43 Information-sharing arrangements on cyber threat information and intelligence
Chapter VII Competent authorities
Article 44 Competent authorities
Article 45 Cooperation with structures and authorities established by Directive (EU) 2022/2555
Article 46 Cooperation between authorities
Article 47 Financial cross-sector exercises, communication and cooperation
Article 48 Administrative penalties and remedial measures
Article 49 Exercise of the power to impose administrative penalties and remedial measures
Article 50 Criminal penalties
Article 51 Notification duties
Article 52 Publication of administrative penalties
Article 53 Professional secrecy
Article 54 Data Protection
Chapter VIII Delegated acts
Article 55 Exercise of the delegation
Chapter IX Transitional and final provisions
Article 56 Review clause
Section II Amendments
Article 57 Amendments to Regulation (EC) No 1060/2009
Article 58 Amendments to Regulation (EU) No 648/2012
Article 59 Amendments to Regulation (EU) No 909/2014
Article 60 Amendments to Regulation (EU) No 600/2014
Article 61 Amendment to Regulation (EU) 2016/1011
Article 62 Entry into force and application

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 14 December 2022.

  • For the European Parliament

    The President

    R. METSOLA

  • For the Council

    The President

    M. BEK


Footnotes
  1. OJ C 343, 26.8.2021, p. 1.

  2. OJ C 155, 30.4.2021, p. 38.

  3. Position of the European Parliament of 10 November 2022 (not yet published in the Official Journal) and decision of the Council of 28 November 2022.