Art. 6 Criticality of services affected | RTS on incident classification | DORA

For the purpose of determining the criticality of the services affected as referred to in Article 18(1), point (e), of Regulation (EU) 2022/2554, financial entities shall assess whether the incident:

affects or has affected ICT servicesmeans digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; or network and information systemsmeans a network and information system as defined in Article 6, point 1, of Directive (EU) 2022/2555; that support critical or important functionsmeans a function, the disruption of which would materially impair the financial performance of a financial entity, or the soundness or continuity of its services and activities, or the discontinued, defective or failed performance of that function would materially impair the continuing compliance of a financial entity with the conditions and obligations of its authorisation, or with its other obligations under applicable financial services law; of the financial entity;
affects or has affected financial services provided by the financial entity that require authorisation, registration or that are supervised by competent authorities;
constitutes or has constituted a successful, malicious and unauthorised access to the network and information systemsmeans a network and information system as defined in Article 6, point 1, of Directive (EU) 2022/2555; of the financial entity.

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 systemsmeans a network and information system as defined in Article 6, point 1, of Directive (EU) 2022/2555; 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.

Article 6 Criticality of services affected

Relevant recitals