+DORA Ch. II Sec. II Art. 11 4.

1. Overview

DORA Ch. II Sec. II Art. 11 4.

4.   Financial entities shall put in place, maintain and periodically test appropriate ICT business continuity plans, notably with regard to critical or important functions outsourced or contracted through arrangements with ICT third-party service providers.
Summary Regulation

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement
NOREA Business Continuity Policy

Establish an ICT business continuity policy that enables the continuity of critical or important functions, ensures rapid response to incidents, facilitates the resumption of activities, deployment of containment measures, activation and deactivation of response and recovery procedures, estimation of impact, damage, and losses, and provides clear communication to relevant stakeholders. Regularly review the business continuity policy and make necessary adjustments to enhance effectiveness.

Refer to Articles 24.2-4 of the RTS RM for specific requirements for Central counterparties, Trading venues, and Central security depositories.

NOREA Crisis Management
Formulate and maintain a crisis management team tasked with overseeing and coordinating actions during a crisis or major disruption. Regularly review recovery/response plans. Make necessary adjustments to enhance effectiveness.
NOREA Record Keeping
Keep detailed records of activities conducted before, during, and after disruptions, including actions taken and outcomes. Maintain an estimation of aggregated annual costs and losses resulting from major disruptions. This information shall be reported to the regulator upon their request.
NOREA Business Impact analysis
Perform a comprehensive Business Impact Analysis (BIA) of exposures to severe business disruptions. The BIA should be done by means of quantitative and qualitative criteria, using internal and external data and scenario analysis, as appropriate. The BIA shall consider the criticality of identified and mapped business functions, support processes, third-party dependencies and information assets, and their interdependencies. Financial entities shall ensure that ICT assets and ICT services are designed and used in full alignment with the BIA, in particular with regard to adequately ensuring the redundancy of all critical components.

NOREA Response and Recovery

Establish comprehensive response and recovery plans encompassing short-term and long-term recovery options. These plans must thoroughly identify potential scenarios and shall duly take into account scenarios of cyber-attacks, switchovers, degradation of critical function provision, premises failure, breakdowns in ICT assets or communication infrastructure, staff unavailability, natural disasters and the impact of climate change, pandemic situations, physical attacks, insider threats, political or social instability, and power outages. Additionally, these plans must incorporate alternative options in cases where primary recovery measures are impractical in the short term due to factors such as cost, risks, logistics, or unforeseen circumstances. Address potential failures of key ICT third-party service providers into the plans.

NOREA Testing and Assessment

Regularly test ICT business continuity, response, and recovery plans, particularly in collaboration with third-party service providers supporting critical or important functions. Testing should  take into account the financial entity’s BIA and the ICT risk assessment and occur on a yearly basis and whenever there are significant changes to systems supporting critical or important functions. 
Tests must be based on realistic scenarios and encompass scenarios like cyber attacks, insolvency or failure of the third-party, backup restores, and switchover between primary and redundant processing sites. 
The testing shall verify whether at least critical or important functions can be operated appropriately, for a sufficient period of time and whether the normal functioning (of the business process) may be restored. Conduct testing of crisis communication plans to ensure effective communication strategies during a crisis or major disruption. Document test results and report any identified deficiencies resulting from the tests to the management body.

Refer to Articles 24.2-3 of the RTS RM for the specific requirements for Central counterparties and Central security depositories.

NOREA Third-party Risk Management

Manage third-party risks proportionate to dependency nature, service-related risks, and impact on entity's continuity and availability in case of disruption. Implement a policy for critical function ICT services provided by third-party service providers, considering the location of the service provider (or its parent company), the level of assurance regarding the service providers' risk management framework (including risk mitigation and business continuity measures), the nature of the data shared with the service provider, the location of data processing and storage, group affiliation of the service provider, and the potential impact of the risks and disruptions on the continuity and availability on the activities of the entity. Test response and recovery of critical function-supporting services provided by third parties.

NOREA Pre-Contract Risk Assessment

Perform pre-contract risk assessment. This assessment must assess if: the contract covers services supporting critical or important functions, a service provider is easily replaceable, the risks of sub-contracting are covered, the risks of outsourcing service to a third-country are covered, the risks of bankruptcy are covered on the side of the service provider, supervisory conditions for contracting are met, all contractual risks are identified and assessed (e.g., to cover for ICT concentration risks), the service provider is suitable, and if there are conflicts of interest. Assess service provider resources for ensuring entity compliance with all legal and regulatory requirements.

NOREA Register of Information
Maintain a comprehensive register of information related to contractual arrangements with third-party service providers, distinguishing those supporting critical/important functions. Ensure that the register is in line with all mandatory fields as defined in the ITS on the register of information.
NOREA Contractual Requisites
Only contract with service providers meeting appropriate information security standards (e.g., ISO 27001, SOC, PCI-DSS, etc.) appropriate to the criticaly of services delivered. Determine audit frequency for service providers, ensuring auditors possess requisite skills and knowledge for complex services
NOREA Exit strategies

Develop and periodically test exit strategies and plans, considering risks related to third-party service providers, including potential failure, service quality deterioration, business disruption, and termination of contractual arrangements. Ensure that the exit plan is realistic, feasible, based on plausible scenarios and reasonable assumptions and shall have a planned implementation schedule compatible with the exit and termination terms established in the relevant contractual arrangements. Also, ensure smooth exit and workload migration to another service provider without business disruption, compliance loss, or service quality decline.

The DORA Taskforce has designed an exit plan template that could be of assistence, see: https://www.norea.nl/dora/dora-template-exit-plan 

NOREA Annual Reporting of New Arrangements
Report new service provider arrangements to the regulator, especially those supporting critical or important functions, to the regulator on a yearly basis, with immediate notification for critical services.
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