Article 3 Duration and service downtime

Financial entitiesas defined in Article 2, points (a) to (t) shall measure the duration of an incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; as referred to in Article 18(1), point (b), of Regulation (EU) 2022/2554, from the moment the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; occurs until the moment when it is resolved.

Where financial entitiesas defined in Article 2, points (a) to (t) are unable to determine the moment when the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; occurred, they shall measure the duration of the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; from the moment it was detected. Where financial entitiesas defined in Article 2, points (a) to (t) become aware that the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; occurred prior to its detection, they shall measure the duration from the moment the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; is recorded in network or system logs or other data sources.

Where financial entitiesas defined in Article 2, points (a) to (t) do not yet know when the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; will be resolved or are unable to verify records in logs or other data sources, they shall apply estimates.

Financial entitiesas defined in Article 2, points (a) to (t) shall measure the service downtime of an incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; as referred to in Article 18(1), point (b), of Regulation (EU) 2022/2554, from the moment the service is fully or partially unavailable to clients, financial counterparts or other internal or external users to the moment when regular activities or operations have been restored to the level of service that was provided prior to the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;. Where the service downtime causes a delay in the provision of service after regular activities or operations have been restored, the downtime shall be measured from the start of the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; to the moment when that delayed service is fully provided.

Where financial entitiesas defined in Article 2, points (a) to (t) are unable to determine the moment when the service downtime started, they shall measure the service downtime from the moment it was detected.