Source: OJ L 333, 27.12.2022, p. 1–79
ENRecital 42 Simplified ICT risk management for small financial entities
Under sector-specific Union law, some financial entitiesas defined in Article 2, points (a) to (t) are subject to lighter requirements or exemptions for reasons associated with their size or the services they provide. That category of financial entitiesas defined in Article 2, points (a) to (t) includes small and non-interconnected investment firms means an investment firm that meets the conditions laid out in Article 12(1) of Regulation (EU) 2019/2033 of the European Parliament and of the Council (^33^); Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1)., small institutions for occupational retirement provision means an institution for occupational retirement provision which operates pension schemes which together have less than 100 members in total; which may be excluded from the scope of Directive (EU) 2016/2341 under the conditions laid down in Article 5 of that Directive by the Member State concerned and operate pension schemes which together do not have more than 100 members in total, as well as institutions exempted pursuant to Directive 2013/36/EU means an entity as referred to in Article 2(5), points (4) to (23), of Directive 2013/36/EU;. Therefore, in accordance with the principle of proportionality and to preserve the spirit of sector-specific Union law, it is also appropriate to subject those financial entitiesas defined in Article 2, points (a) to (t) to a simplified ICT risk means any reasonably identifiable circumstance in relation to the use of network and information systems which, if materialised, may compromise the security of the network and information systems, of any technology dependent tool or process, of operations and processes, or of the provision of services by producing adverse effects in the digital or physical environment; management framework under this Regulation. The proportionate character of the ICT risk means any reasonably identifiable circumstance in relation to the use of network and information systems which, if materialised, may compromise the security of the network and information systems, of any technology dependent tool or process, of operations and processes, or of the provision of services by producing adverse effects in the digital or physical environment; management framework covering those financial entitiesas defined in Article 2, points (a) to (t) should not be altered by the regulatory technical standards means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (^29^); Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). that are to be developed by the ESAsEuropean Supervisory Authority. Moreover, in accordance with the principle of proportionality, it is appropriate to also subject payment institutions means a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366; referred to in Article 32(1) of Directive (EU) 2015/2366 and electronic money institutions means an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council; referred to in Article 9 of Directive 2009/110/EC exempted in accordance with national law transposing those Union legal acts to a simplified ICT risk means any reasonably identifiable circumstance in relation to the use of network and information systems which, if materialised, may compromise the security of the network and information systems, of any technology dependent tool or process, of operations and processes, or of the provision of services by producing adverse effects in the digital or physical environment; management framework under this Regulation, while payment institutions means a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366; and electronic money institutions means an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council; which have not been exempted in accordance with their respective national law transposing sectoral Union law should comply with the general framework laid down by this Regulation.