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Article 5: Governance and organisation

agent:eu:dora:art-5 · sha256 ad700134035b6dc6

Turnover framework under the act

The act sets no turnover framework. Penalties are laid down by the Member States.

Affected roles

financial-entity, credit-institution, payment-institution, account-information-service-provider, electronic-money-institution, investment-firm, crypto-asset-service-provider, central-securities-depository, central-counterparty, trading-venue, trade-repository, aifm, management-company, data-reporting-service-provider, insurer, insurance-intermediary, iorp, credit-rating-agency, critical-benchmark-administrator, crowdfunding-service-provider, securitisation-repository

Affected industries

banking, insurance

Obligations

Article text

1. Financial entities shall have in place an internal governance and control framework that ensures an effective and prudent management of ICT risk, in accordance with Article 6(4), in order to achieve a high level of digital operational resilience.

2. The management body of the financial entity shall define, approve, oversee and be responsible for the implementation of all arrangements related to the ICT risk management framework referred to in Article 6(1).

For the purposes of the first subparagraph, the management body shall:

(a)

bear the ultimate responsibility for managing the financial entity’s ICT risk;

(b)

put in place policies that aim to ensure the maintenance of high standards of availability, authenticity, integrity and confidentiality, of data;

(c)

set clear roles and responsibilities for all ICT-related functions and establish appropriate governance arrangements to ensure effective and timely communication, cooperation and coordination among those functions;

(d)

bear the overall responsibility for setting and approving the digital operational resilience strategy as referred to in Article 6(8), including the determination of the appropriate risk tolerance level of ICT risk of the financial entity, as referred to in Article 6(8), point (b);

(e)

approve, oversee and periodically review the implementation of the financial entity’s ICT business continuity policy and ICT response and recovery plans, referred to, respectively, in Article 11(1) and (3), which may be adopted as a dedicated specific policy forming an integral part of the financial entity’s overall business continuity policy and response and recovery plan;

(f)

Machine-readable formThe article in the registerChangesSource: NovaCopilot