Legal
· 8 min read

EU’s Digital Operational Resilience Act (DORA) - All you need to know!

The European Union (EU) is stepping up its fight against cyber threats and operational disruptions in the financial sector with the Digital Operational Resilience Act (DORA). This new law seeks to make financial institutions more secure and promote a collaborative environment to combat cybercrime.

What is the act about?

DORA sets out clear guidelines to help banks, payment institutions, and other financial entities protect their systems, respond effectively to IT issues, and bounce back quickly from disruptions, ensuring a more robust and resilient financial sector.

Aim: DORA aims to protect the EU's financial system from cyber threats by enforcing robust cybersecurity measures, incident reporting procedures, and resilience testing. It also promotes collaboration and information sharing among financial institutions and regulatory authorities to create a unified and secure financial ecosystem.

Why DORA Was Born?

DORA emerged in response to several pressing challenges:

Rising Tide of Cyberattacks:

The financial sector has become a prime target for cybercriminals due to the vast amount of sensitive data it processes, including financial records, personal information, and intellectual property. These attacks can have devastating consequences, causing financial losses, reputational damage, and disruptions to critical services.

DORA is a response to this growing threat by mandating robust cybersecurity measures and incident reporting procedures within financial institutions. This will make it more difficult for attackers to succeed and minimize the potential damage if a breach occurs.

Double-Edged Sword of Digital Transformation:

The financial sector is undergoing a significant digital transformation, with institutions increasingly relying on cloud computing, big data analytics, and other advanced technologies. While these technologies offer numerous benefits, they also introduce new vulnerabilities. Legacy systems may not be equipped to handle the complexities of modern digital environments, and the interconnected nature of these technologies creates new attack vectors for cybercriminals.

DORA addresses this challenge by requiring financial institutions to implement a comprehensive ICT (Information and Communication Technology) risk management framework. This framework will help institutions identify and assess their digital risks, develop mitigation strategies, and ensure that their systems are resilient to cyberattacks.

Domino Effect of Operational Disruptions:

Financial institutions play a critical role in the smooth functioning of the economy. Any disruption to their operations can have a cascading effect, impacting businesses, consumers, and the entire financial system. In the past, operational disruptions have been caused by natural disasters, power outages, and even human error. However, cyberattacks are now a significant source of operational risk.

DORA aims to mitigate this risk by requiring financial institutions to conduct regular testing of their digital operational resilience. This testing will help identify weaknesses in their systems and processes and ensure that they can withstand and recover from a variety of disruptions, including cyberattacks.

Level Playing Field for a Secure Financial Landscape:

Prior to DORA, cybersecurity regulations within the EU financial sector were fragmented and inconsistent. This created a situation where some institutions were better equipped to handle cyber threats than others.

DORA introduces a harmonized approach to cybersecurity by establishing a single set of standards that all financial institutions within the EU must comply with. This level playing field ensures that all institutions are taking the necessary steps to protect themselves and the financial system as a whole.

Strength in Numbers: A United Front Against Cybercrime

Cyber threats don't respect borders. An attack on one EU member state can ripple across the bloc. DORA recognizes this by fostering collaboration:

  • Information Sharing: By encouraging the sharing of cyber threat intelligence, DORA allows for faster detection and response, ultimately strengthening the EU's financial ecosystem.
  • Level Playing Field: Prior to DORA, cybersecurity regulations were fragmented. DORA creates a single set of standards, ensuring all institutions take necessary steps to protect themselves and the financial system as a whole.

The Five Pillars of DORA

DORA is built upon five foundational pillars:

  1. ICT Risk Management: Ensures financial entities effectively manage risks associated with their ICT systems through comprehensive plans and tools for protection, detection, and recovery.
  2. ICT Incident Reporting: Requires financial entities to promptly report ICT-related incidents to minimize potential damage, necessitating a robust system for efficient identification and management.
  3. Digital Operational Resilience Testing: Mandates regular testing of ICT systems' resilience to confirm they can withstand and recover from operational disruptions, encompassing penetration testing and scenario analysis.
  4. ICT Third-Party Risk Management: Addresses risks linked to external service providers, ensuring these third parties adhere to DORA's stringent resilience standards.
  5. Information and Intelligence Sharing: Encourages the sharing of information about cyber threats and vulnerabilities with other financial entities and regulatory authorities to strengthen the overall cybersecurity posture.

Compliance Requirements and How to Prepare?

To comply with DORA, financial institutions should focus on the following practices:

  1. Risk Management: Establish a well-documented ICT Risk Management framework encompassing risk identification, protection, detection, response, and recovery.
  2. Incident Reporting: Develop an ICT Incident Management process for prompt detection, classification, and reporting of significant ICT-related incidents to the relevant authorities.
  3. Digital Operational Resilience Testing: Conduct regular testing tailored to the entity's specific operations and risks, employing vulnerability assessments, scenario-based testing, and penetration testing.
  4. Third-Party Risk Management: Manage and monitor ICT risks stemming from dependencies on third-party service providers through due diligence, regular security assessments, and contractual clauses ensuring compliance with DORA.
  5. Information Sharing: Participate in information-sharing forums, establish protocols for secure information sharing, and collaborate in resilience exercises with other entities.
  6. Compliance and Oversight: Ensure governance frameworks align with DORA, maintain thorough documentation, and prepare for regulatory audits and assessments.

Timeline for DORA

  • January 16, 2023: DORA was officially published and became a law.
  • January 16, 2023 – January 17, 2025: A 24-month window for financial institutions to adapt their operations to DORA's requirements.
  • January 17, 2025: Full application of DORA across the EU.
  • Ongoing Monitoring and Review: The framework will be continuously monitored and reviewed to ensure its effectiveness in the face of evolving threats.

Conclusion

DORA is a significant step forward in securing the EU's financial sector and promoting global financial stability. It was introduced by the EU in response to a confluence of factors – the rise of cyberattacks, the increasing reliance on digital technologies, the potential for operational disruptions, the need for collaborative cybersecurity efforts, and the desire for a harmonized regulatory landscape. By understanding DORA's requirements and taking proactive steps towards compliance, financial institutions can ensure a smooth transition and contribute to a more secure and resilient financial ecosystem for everyone.

Veda Dalvi
Hello, I'm Veda, the Legal Analyist with a knack for decoding the complex world of laws. A coffee aficionado and a lover of sunsets, oceans and the cosmos. Let's navigate the Legal Universe together!

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