Source: OJ L, 2024/1772, 25.6.2024Current language: EN
- Digital operational resilience in the financial sector
ICT-related incidents
- RTS on incident classification
Article 5 Data losses
Summary What does Article 5 of the RTS on incident classification say?
This article directly supports the broader incident classification framework established in Article 18(1) of DORA by defining how financial entities should assess the data loss dimension of an incident.
Rather than treating data loss as a single concept, the article breaks it down into four distinct properties of data that must each be considered when evaluating whether an incident has caused harm to data.
Important points:
- Assess data loss across four properties: availability, authenticity, integrity, and confidentiality.
- This assessment feeds into the incident classification criteria under Article 18(1) of DORA, making it a key input for determining whether reporting obligations are triggered.
- The scope covers data belonging to or demanded by the financial entity, its clients, and its counterparts.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
For the purpose of determining the data losses that the incident entails as referred to in Article 18(1), point (d), of Regulation (EU) 2022/2554, financial entities shall take into account the following:
in relation to the availability of data, whether the incident has rendered the data on demand by the financial entity, its clients or its counterparts temporarily or permanently inaccessible or unusable;
in relation to the authenticity of data, whether the incident has compromised the trustworthiness of the source of data;
in relation to the integrity of data, whether the incident has resulted in non-authorised modification of data that has rendered it inaccurate or incomplete;
in relation to the confidentiality of data, whether the incident has resulted in data having been accessed by or disclosed to an unauthorised party or system.
Relevant recitals
Recital 5 Cyber attacks
The classification criteria should ensure that all relevant types of major incidents are captured. Cyber attacks related to intrusion into network or information systems may not necessarily be captured by many classification criteria. However, they are important since any intrusion in network and information systems may harm the financial entity. Accordingly, the classification criteria ‘critical services affected’ and ‘data losses’ should be specified in such a way as to capture these types of major incidents, in particular unauthorised intrusions which, even if the impacts are not immediately known, may lead to serious consequences, in particular data breaches and data leakages.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
network and information system