Source: OJ L, 2025/295, 13.2.2025
EN
- Digital operational resilience act
Oversight framework
- RTS on harmonisation for oversight conduct
Article 1 Information to be provided by ICT third-party service provider in the application to be designated as critical
The information and communication technology (ICT) third-party service provider shall submit the following information in the reasoned application for a voluntary request under Article 31(11) of Regulation (EU) 2022/2554 to be designated as critical pursuant to Article 31(1), point (a), of Regulation (EU) 2022/2554:
name of the legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;;
legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; identification code;
name of contact person and contact details of the critical ICT third-party service provider means an ICT third-party service provider designated as critical in accordance with Article 31;;
country where the legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; has registered office;
description of the corporate structure including at least information on its parent company and other related undertakings providing ICT services means 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; to Union financial entitiesas defined in Article 2, points (a) to (t). That information shall include where applicable;
name of the legal entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;;
legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; identification code;
country where the legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; has registered office;
an estimation of the market share of the ICT third-party service provider means an undertaking providing ICT services; in the Union financial sector and estimation of the market share per type of financial entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; as referred to in Article 2(1) of Regulation (EU) 2022/2554 as of the year of submission of the application to be designated as critical and the year before that application;
a description of each ICT service means an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881; provided to Union financial entitiesas defined in Article 2, points (a) to (t) including:
a description of the nature of business and the type of ICT services means 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; provided to financial entitiesas defined in Article 2, points (a) to (t);
a list of the functions of financial entitiesas defined in Article 2, points (a) to (t) supported by the ICT services means 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; provided, where available;
information whether the ICT services means 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; provided to financial entitiesas defined in Article 2, points (a) to (t) support critical or important functions means 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;, where available;
a list of financial entitiesas defined in Article 2, points (a) to (t) that make use of the ICT services means 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; provided by the ICT third-party service provider means an undertaking providing ICT services;, including the following information for each of the financial entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; serviced, where available:
name of the legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;;
legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; identification code, where known to the ICT third-party service provider means an undertaking providing ICT services;;
type of financial entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; as specified in Article 2(1) of Regulation (EU) 2022/2554;
the geographic location from which the ICT services means 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; are provided to that specific legal entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;;
a list of the critical ICT third-party service providers means an ICT third-party service provider designated as critical in accordance with Article 31; included in the latest available list of such providers published by the ESAsEuropean Supervisory Authority pursuant to Article 31(9) of Regulation (EU) 2022/2554 that rely on the services provided by the applicant where available;
a self-assessment as regards the following:
the degree of substitutability for each ICT service means an ICT service as defined in Article 2, point (13), of Regulation (EU) 2019/881; provided by the applicant considering the following:
the market share of the ICT third-party service provider means an undertaking providing ICT services; in the Union financial sector;
the number of known relevant competitors per type of ICT services means 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 group means a group as defined in Article 2, point (11), of Directive 2013/34/EU; of ICT services means 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;;
description of specificities relating to the ICT services means 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; offered, including in relation to any proprietary technology, or the specific features of the ICT third-party service provider means an undertaking providing ICT services;’s organisation or activity;
knowledge about the availability of the alternative ICT third-party service providers means an undertaking providing ICT services; to provide the same ICT services means 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; as the ICT third-party service provider means an undertaking providing ICT services; submitting the application;
information on a future business strategy in relation to the provision of ICT services means 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; and infrastructure to financial entitiesas defined in Article 2, points (a) to (t) in the Union, including any planned changes in the group means a group as defined in Article 2, point (11), of Directive 2013/34/EU; or management structure, entry into new markets or activities;
identification of the subcontractors of the ICT third-party service provider means an undertaking providing ICT services; which have been designated as critical ICT third-party service providers means an ICT third-party service provider designated as critical in accordance with Article 31;;
any other reasons relevant for the ICT third-party service provider means an undertaking providing ICT services;’s application to be designated as critical.
Where the ICT third-party service provider means an undertaking providing ICT services; belongs to a group means a group as defined in Article 2, point (11), of Directive 2013/34/EU;, the information referred to in paragraph 1 shall be provided in relation to the ICT services means 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; provided by the group means a group as defined in Article 2, point (11), of Directive 2013/34/EU; as a whole.
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