Source: OJ L, 2024/2690, 18.10.2024
ENRecital 32 Identifying significant incidents
With a view to establishing whether an incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; is significant, where relevant, relevant 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; should count the number of users impacted by the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;, taking into consideration business and end customers with whom the relevant 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; have a contractual relationship as well as natural and legal persons that are associated with business customers. Where a relevant 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; is unable to calculate the number of impacted users, the relevant 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;’s estimate of the possible maximum number of affected users should be considered for the purpose of calculating the total number of users affected by the incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;. The significance of an incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; involving a trust service means a trust service as defined in Article 3, point (16), of Regulation (EU) No 910/2014; should not only be determined by the number of users but also by the number of relying parties as these can be equally affected by a significant incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; involving a trust service means a trust service as defined in Article 3, point (16), of Regulation (EU) No 910/2014; in regard to operational disruption and material or non-material damage. Therefore, trust service providers means a trust service provider as defined in Article 3, point (19), of Regulation (EU) No 910/2014; should, where applicable, also take into account the number of relying parties when establishing whether an incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; is significant. For that purpose, relying parties should be understood as natural or legal persons that rely upon a trust service means a trust service as defined in Article 3, point (16), of Regulation (EU) No 910/2014;.