Article 11 Relevance of major incidents to competent authorities in other Member States

Summary What does Article 11 of the RTS on incident classification say?

This article supports the cross-border notification framework established under Article 19(7) of DORA, providing the criteria for determining when a major incident is relevant to competent authorities in other Member States.

It establishes that relevance is triggered either by the incident's root cause originating in another Member State, or by the incident having a significant impact there across a defined set of areas.

Important points:

Assess whether a major incident is relevant to other Member States based on either the origin of its root cause or the significance of its impact abroad.
The assessment covers impact on clients or financial counterparts, branches or group entities operating in other Member States, and financial market infrastructures or third-party providers affecting other financial entities.
Competent authorities are the recipients of this cross-border relevance determination, as set out in Article 19(7) of DORA.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

The assessment of whether the major incident is relevant for competent authorities in other Member States as referred to in Article 19(7) of Regulation (EU) 2022/2554 shall be based on whether the incident has a root cause originating from another Member State or whether the incident has or has had a significant impact in another Member State in relation to any of the following:

clients or financial counterparts;
a branch of the financial entity or another financial entity within the group;
a financial market infrastructure or a third-party provider which may affect financial entities to which they provide services.

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