Article 1 Clients, financial counterparts and transactions

The number of clients affected by the incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; as referred to in Article 18(1), point (a), of Regulation (EU) 2022/2554, shall reflect the number of all affected clients, whether natural or legal persons, that are or were unable to make use of the service provided by 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; during the incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; or that were adversely impacted by the incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems;. That number shall also include third parties explicitly covered by the contractual agreement between 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; and the client as beneficiaries of the affected service.

The number of financial counterparts affected by the incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; as referred to in Article 18(1), point (a), of Regulation (EU) 2022/2554 shall reflect the number of all affected financial counterparts that have concluded a contractual arrangement with 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;.

In relation to the relevance of clients and financial counterparts affected by the incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; as referred to in Article 18(1), point (a), of Regulation (EU) 2022/2554, 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; shall take into account the extent to which the impact on a client or a financial counterpart will affect the implementation of the business objectives 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;, as well as the potential impact of the incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; on market efficiency.

In relation to the amount or number of transactions affected by the incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; as referred to in Article 18(1), point (a), of Regulation (EU) 2022/2554, 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; shall take into account all affected transactions involving a monetary amount where at least one part of the transaction is carried out in the Union.

Where the actual number of clients or financial counterparts affected or the actual number or amount of transactions affected cannot be determined, 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; shall estimate those numbers or amounts based on available data from comparable reference periods.