Source: OJ L 333, 27.12.2022, p. 1–79
Current language: EN
- Digital operational resilience in the financial sector
Basic legislative acts
- DORA regulation
Article 27 Requirements for testers for the carrying out of TLPT
Financial entities shall only use testers for the carrying out of TLPT, that:
are of the highest suitability and reputability;
possess technical and organisational capabilities and demonstrate specific expertise in threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations;, penetration testing and red team testing;
are certified by an accreditation body in a Member State or adhere to formal codes of conduct or ethical frameworks;
provide an independent assurance, or an audit report, in relation to the sound management of risks associated with the carrying out of TLPT, including the due protection of the financial entity’s confidential information and redress for the business risks of the financial entity;
are duly and fully covered by relevant professional indemnity insurances, including against risks of misconduct and negligence.
When using internal testers, financial entities shall ensure that, in addition to the requirements in paragraph 1, the following conditions are met:
such use has been approved by the relevant competent authority or by the single public authoritymeans any government or other public administration entity, including national central banks. designated in accordance with Article 26(9) and (10);
the relevant competent authority has verified that the financial entity has sufficient dedicated resources and ensured that conflicts of interest are avoided throughout the design and execution phases of the test; and
the threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; provider is external to the financial entity.
Financial entities shall ensure that contracts concluded with external testers require a sound management of the TLPT results and that any data processing thereof, including any generation, store, aggregation, draft, report, communication or destruction, do not create risks to the financial entity.
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