Article 2 Reputational impact


    1. For the purposes of determining the reputational impact of the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; as referred to in Article 18(1), point (a), of Regulation (EU) 2022/2554, financial entitiesas defined in Article 2, points (a) to (t) shall consider that a reputational impact has occurred where at least one of the following criteria is met:

      1. the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; has been reflected in the media;

      2. the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; has resulted in repetitive complaints from different clients or financial counterparts on client-facing services or critical business relationships;

      3. 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; will not be able to or is likely not to be able to meet regulatory requirements as a result of the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;;

      4. 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; will or is likely to lose clients or financial counterparts with a material impact on its business as a result of the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;.

    1. When assessing the reputational impact of the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;, financial entitiesas defined in Article 2, points (a) to (t) shall take into account the level of visibility that the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; has gained or is likely to gain in relation to each criterion listed in paragraph 1.

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