DORA, Article 17 (ICT-Related Incident Management Process and Recording of Incidents)
Regulation (EU) 2022/2554, Article 17
In force since .
A sector security regimes rule binding private bodies.
- Private right of action
- No
- Obligation class
- Security, Governance
As of .
What it requires
- It reaches you if you are a financial entity under Article 2(1), points (a) to (t), of Regulation (EU) 2022/2554, such as a credit institution, payment institution, electronic money institution, investment firm, crypto-asset service provider, central counterparty or trading venue, unless Article 2(3) takes you out of the Regulation or your Member State has excluded you under Article 2(4). Article 16(1) disapplies Articles 5 to 15 for the small entities it names, and Article 17 is not among them. The duties apply from (Article 64).
- Define, establish and implement an ICT-related incident management process to detect, manage and notify ICT-related incidents (Article 17(1)).NIST CSF 2.0ID.IM-04
- Record all ICT-related incidents and significant cyber threats, and establish procedures and processes that ensure consistent and integrated monitoring, handling and follow-up of ICT-related incidents so that root causes are identified, documented and addressed (Article 17(2)).NIST CSF 2.0RS.AN-06NIST CSF 2.0RS.AN-03
- In the process, establish procedures to identify, track, log, categorize and classify ICT-related incidents according to their priority and severity and the criticality of the services impacted, in accordance with the criteria set out in Article 18(1) (Article 17(3)(b)).NIST CSF 2.0RS.MA-03
- In the process, put in place early warning indicators, assign roles and responsibilities for different incident types and scenarios, set out plans for communication and internal escalation, make sure at least major ICT-related incidents are reported to relevant senior management and to the management body, and establish response procedures to mitigate impacts and make services operational and secure in a timely manner (Article 17(3)(a) and (c) to (f)).NIST CSF 2.0RS.MA-04
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST Privacy Framework
- PR.PO-P7Response plans (Incident Response and Business Continuity) and recovery plans (Incident Recovery and Disaster Recovery) are established, in place, and managed.
- NIST CSF 2.0
- ID.IM-04Incident response plans and other cybersecurity plans that affect operations are established, communicated, maintained, and improved
- RS.MA-03Incidents are categorized and prioritized
- RS.MA-04Incidents are escalated or elevated as needed
- RS.AN-03Analysis is performed to establish what has taken place during an incident and the root cause of the incident
- RS.AN-06Actions performed during an investigation are recorded, and the records' integrity and provenance are preserved
- CIS Controls
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-PREV-008Quality of Service (QoS) and DDoS Prevention for AI Systems
- AIR-PREV-012Role-Based Access Control for AI Data
- AIR-PREV-014Encryption of AI Data at Rest
- AIR-PREV-017AI Firewall Implementation and Management
- AIR-PREV-020MCP Server Security Governance
1 more
- AIR-DET-001AI Data Leakage Prevention and Detection
- ENISA NIS2 guidance
Our reading of where this law's duties sit in each framework, and in the NIST CSF 2.0, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
CIS Critical Security Controls® (CIS Controls®) v8.1 © Center for Internet Security, Inc. Safeguard numbers are used under a CIS Controls Supporter License; the one-line descriptions beside them are our own, not CIS text.
Who enforces it
Enforcement body
The competent authority designated for each category of financial entity under Article 46, which ensures compliance with the Regulation in accordance with the powers granted by the respective legal acts.
Settledness
- As of
- Open questions
- Does Article 17(3), point (d), which requires the incident management process to set out plans for notification to clients, call for a client-notification plan covering every ICT-related incident, or only those major incidents that affect the financial interests of clients, for which Article 19(3) requires clients to be informed?
What this law does
Article 17(1) requires a financial entity to define, establish and implement an ICT-related incident management process to detect, manage and notify ICT-related incidents. Article 17(2) requires a financial entity to record all ICT-related incidents and significant cyber threats, and to establish procedures and processes that ensure consistent and integrated monitoring, handling and follow-up of ICT-related incidents so that root causes are identified, documented and addressed.
Article 17(3), point (b), requires the process to establish procedures to identify, track, log, categorize and classify ICT-related incidents according to their priority and severity and the criticality of the services impacted, in accordance with the criteria set out in Article 18(1).
Article 17(3) also requires the process to put in place early warning indicators, assign roles and responsibilities for different incident types and scenarios, set out plans for communication and internal escalation, ensure that at least major ICT-related incidents are reported to relevant senior management and to the management body, and establish response procedures to mitigate impacts and make services operational and secure in a timely manner. Article 64 makes the Regulation apply from .
When LexLint raises it
When your app profile says your app provides financial services.