Source: OJ L, 2024/1772, 25.6.2024
EN- Digital operational resilience in the financial sector
ICT-related incidents
- RTS on incident classification
Article 6 Criticality of services affected
For the purpose of determining the criticality of the services affected as referred to in Article 18(1), point (e), of Regulation (EU) 2022/2554, financial entitiesas defined in Article 2, points (a) to (t) shall assess whether the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;:
affects or has affected 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 network and information systems means: an electronic communications network as defined in Article 2, point (1), of Directive (EU) 2018/1972; any device or group of interconnected or related devices, one or more of which, pursuant to a programme, carry out automatic processing of digital data; or digital data stored, processed, retrieved or transmitted by elements covered under points (a) and (b) for the purposes of their operation, use, protection and maintenance; that 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; 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;;
affects or has affected financial services 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; that require authorisation, registration or that are supervised by competent authoritiesas defined in Article 46;
constitutes or has constituted a successful, malicious and unauthorised access to the network and information systems means: an electronic communications network as defined in Article 2, point (1), of Directive (EU) 2018/1972; any device or group of interconnected or related devices, one or more of which, pursuant to a programme, carry out automatic processing of digital data; or digital data stored, processed, retrieved or transmitted by elements covered under points (a) and (b) for the purposes of their operation, use, protection and maintenance; 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;.
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