Art. 1 Amendments to Directive 2009/65/EC | DORA directive |

Article 12 of Directive 2009/65/EC is amended as follows:

in the second subparagraph of paragraph 1, point (a) is replaced by the following:
has sound administrative and accounting procedures, control and safeguard arrangements for electronic data processing, including with regard to network and information systems means: any device or group of interconnected or related devices, one or more of which, pursuant to a programme, carry out automatic processing of digital data; or digital data stored, processed, retrieved or transmitted by elements covered under points (a) and (b) for the purposes of their operation, use, protection and maintenance; an electronic communications network as defined in Article 2, point (1), of Directive (EU) 2018/1972; that are set up and managed in accordance with Regulation (EU) 2022/2554 of the European Parliament and of the Council (¹⁵)Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011 (OJ L333, 27.12.2022, p.1).’;, as well as adequate internal control mechanisms, including, in particular, rules for personal transactions by its employees or for the holding or management of investments in financial instruments in order to invest on its own account and ensuring, at least, that each transaction involving the UCITS may be reconstructed according to its origin, the parties to it, its nature, and the time and place at which it was effected and that the assets of the UCITS managed by the management company means a management company as defined in Article 2(1), point (b), of Directive 2009/65/EC; are invested according to the fund rules or the instruments of incorporation and the legal provisions in force;
paragraph 3 is replaced by the following:
Without prejudice to Article 116, the Commission shall adopt, by means of delegated acts in accordance with Article 112a, measures specifying:

the procedures and arrangements referred to in point (a) of the second subparagraph of paragraph 1, other than the procedures and arrangements concerning network and information systems means: any device or group of interconnected or related devices, one or more of which, pursuant to a programme, carry out automatic processing of digital data; or digital data stored, processed, retrieved or transmitted by elements covered under points (a) and (b) for the purposes of their operation, use, protection and maintenance; an electronic communications network as defined in Article 2, point (1), of Directive (EU) 2018/1972;;

the structures and organisational requirements to minimise conflicts of interests referred to in point (b) of the second subparagraph of paragraph 1.’.