Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Digital Operational Resilience Act
- Recitals
CHAPTER I
General provisionsArticles 1 — 4
CHAPTER II
ICT risk managementArticles 5 — 16
CHAPTER III
ICT-related incident management, classification and reportingArticles 17 — 23
CHAPTER IV
Digital operational resilience testingArticles 24 — 27
CHAPTER V
Managing of ICT third-party riskArticles 28 — 44
CHAPTER VI
Information-sharing arrangementsArticles 45 — 45
CHAPTER VII
Competent authoritiesArticles 46 — 56
CHAPTER VIII
Delegated actsArticles 57 — 57
CHAPTER IX
Transitional and final provisionsArticles 58 — 64
DORA Article 40. Ongoing oversight
- 1.When conducting oversight activities, in particular general investigations or inspections, the Lead Overseer shall be assisted by a joint examination team established for each critical ICT third-party service provider.
- 2.The joint examination team referred to in paragraph 1 shall be composed of staff members from:
- (a)the ESAs;
- (b)the relevant competent authorities supervising the financial entities to which the critical ICT third-party service provider provides ICT services;
- (c)the national competent authority referred to in Article 32(4), point (e), on a voluntary basis;
- (d)one national competent authority from the Member State where the critical ICT third-party service provider is established, on a voluntary basis.
Members of the joint examination team shall have expertise in ICT matters and in operational risk. The joint examination team shall work under the coordination of a designated Lead Overseer staff member (the ‘Lead Overseer coordinator’).
- 3.Within 3 months of the completion of an investigation or inspection, the Lead Overseer, after consulting the Oversight Forum, shall adopt recommendations to be addressed to the critical ICT third-party service provider pursuant to the powers referred to in Article 35.
- 4.The recommendations referred to in paragraph 3 shall be immediately communicated to the critical ICT third-party service provider and to the competent authorities of the financial entities to which it provides ICT services. For the purposes of fulfilling the oversight activities, the Lead Overseer may take into consideration any relevant third-party certifications and ICT third-party internal or external audit reports made available by the critical ICT third-party service provider.
Relevant Recitals for this Article
To leverage the specific competences, technical skills and expertise of staff specialising in operational and ICT risk within the competent authorities, the three ESAs and, on a voluntary basis, the competent authorities under Directive (EU) 2022/2555, the Lead Overseer should draw on national supervisory capabilities and knowledge and set up dedicated examination teams for each critical ICT third-party service provider, pooling multidisciplinary teams in support of the preparation and execution of oversight activities, including general investigations and inspections of critical ICT third-party service providers, as well as for any necessary follow-up thereto.