Latvijas Bankas noteikumi Nr. 409, ICT Resilience Requirements Outside DORA
Latvijas Bankas noteikumi Nr. 409 Prasības digitālās darbības nepārtrauktības un noturības jomā finanšu tirgus dalībniekiem, kuriem nepiemēro Regulu (ES) 2022/2554 (2026. gada 5. janvāris)
In force since .
A sector security regimes rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Criminal exposure note
- The regulations create no offence and set no penalty of their own.
- Obligation class
- Security, Governance
As of .
What it requires
- If you are an alternative investment fund manager, insurer, reinsurer, insurance intermediary, savings and loan association, small private pension fund or giro settlement institution that Article 6(1) of the Financial Market Digital Operational Resilience Law takes out of DORA, these rules apply to you; a small intermediary, a point 2.4 person or a small pension fund is bound only by points 12.1, 13, 18.3, 18.4, 26.7, 26.8 and 28 (points 2 and 4).
- Introduce and document an ICT risk-management and control framework for which your management bears overall responsibility, and apply it in proportion to your scope, staff, services and use of ICT (points 3, 5 and 6).NIST CSF 2.0GV.PO-01NIST CSF 2.0GV.RR-01
- Draw up, document and implement an information security policy and set the ICT security measures that follow from it, including those your ICT service providers must apply (points 8 and 9).NIST CSF 2.0GV.PO-01NIST CSF 2.0GV.SC-05
- Identify, classify and document your critical and important functions, the information and ICT assets that support them and their dependencies (points 10 and 11), and carry out and document an ICT risk assessment at least once a year (point 13).NIST CSF 2.0ID.AM-05NIST CSF 2.0ID.RA-05
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST Privacy Framework
- ID.BE-P3Systems/products/services that support organizational priorities are identified and key requirements communicated.
- NIST CSF 2.0
- GV.RR-01Organizational leadership is responsible and accountable for cybersecurity risk and fosters a culture that is risk-aware, ethical, and continually improving
- GV.PO-01Policy for managing cybersecurity risks is established based on organizational context, cybersecurity strategy, and priorities and is communicated and enforced
- GV.SC-05Requirements to address cybersecurity risks in supply chains are established, prioritized, and integrated into contracts and other types of agreements with suppliers and other relevant third parties
- ID.AM-05Assets are prioritized based on classification, criticality, resources, and impact on the mission
- ID.RA-05Threats, vulnerabilities, likelihoods, and impacts are used to understand inherent risk and inform risk response prioritization
- CIS Controls
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-PREV-006Data Quality & Classification/Sensitivity
- AIR-PREV-024Human-in-the-Loop Action Approval Gate
- AIR-DET-004AI System Observability
- AIR-DET-011Human Feedback Loop for AI Systems
- AIR-DET-021Agent Decision Audit and Explainability
- 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
Latvijas Banka (Bank of Latvia), which sets these requirements under Article 6(3) of the Financial Market Digital Operational Resilience and Use of Artificial Intelligence Law.
Settledness
- As of
What this law does
The Bank of Latvia's Regulations No. 409 (Latvijas Bankas noteikumi), issued under Article 6(3) of the Financial Market Digital Operational Resilience and Use of Artificial Intelligence Law, set ICT risk-management, information-security, ICT-operations and business-continuity requirements for the financial market participants that Regulation (EU) 2022/2554 (DORA) does not cover.
The regulations were adopted on , published in Latvijas Vēstnesis No. 3 on and took effect on .
They apply to small alternative investment fund managers, small insurers and reinsurers, micro, small and medium-sized insurance intermediaries, the persons in points 2, 3, 4, 6, 7, 9, 12, 13, 15 and 16 of Article 101(7) of the Financial Instrument Market Law, savings and loan associations, small private pension funds with no more than 15 plan members and giro settlement institutions.
A participant must put in place and document an ICT risk-management and control framework for which its management bears overall responsibility, and must draw up, document and implement an information security policy that protects the confidentiality, integrity and availability of data and services. A participant must carry out and document an ICT risk assessment at least once a year.
When LexLint raises it
When your app profile says your app is a bank, is an insurer, is a securities firm or is a payment provider.