Article 43 Digital Operational Resilience Act (DORA), Financial Cross-Sector Exercises, Communication And Cooperation

Sep 12, 2024

The Digital Operational Resilience Act (DORA) underscores the importance of a robust, coordinated response to cyber threats and ICT-related incidents across the financial sector. Article 43 specifically addresses the need for financial cross-sector exercises, communication, and cooperation, aiming to bolster the sector's overall resilience to such threats.

Article 43 Digital Operational Resilience Act (DORA), Financial Cross-Sector Exercises, Communication And Cooperation

Cross-Sector Mechanisms For Enhanced Situational Awareness

Under Article 43, the European Supervisory Authorities (ESAs), through their Joint Committee, play a crucial role in establishing mechanisms that facilitate the sharing of effective practices across financial sectors. This initiative is a collaborative effort involving not only the ESAs but also the European Central Bank (ECB) and the European Systemic Risk Board (ESRB). The primary objective is to enhance situational awareness by identifying common cyber vulnerabilities and risks that span multiple financial sectors.

To achieve this, the ESAs and their partners may organize crisis-management and contingency exercises centered around cyber-attack scenarios. These exercises are designed to develop communication channels and gradually build an EU-level coordinated response capability. This capability becomes particularly critical in the event of a major cross-border ICT-related incident or threat that could have a systemic impact on the financial sector across the Union.

Such exercises are not merely theoretical. They are practical tests of the financial sector's dependencies on other economic sectors. By including these dependencies in their scenarios, the exercises provide a more comprehensive understanding of the potential ripple effects a cyber-attack could have, not just within the financial sector but across the broader economy. This holistic approach ensures that the financial sector is better prepared to manage and mitigate the risks associated with ICT-related incidents.

DORA Compliance Framework

Strengthening Cooperation Among Authorities

Article 43 also emphasizes the importance of close cooperation and information exchange among competent authorities, the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA), the European Insurance and Occupational Pensions Authority (EIOPA), and the ECB. This cooperation is vital for the effective supervision of the financial sector's digital resilience.

The authorities are tasked with coordinating their supervision efforts to identify and remedy any breaches of DORA. This involves a continuous process of developing and promoting best practices, facilitating collaboration, and ensuring a consistent interpretation of the regulation across different jurisdictions. In the event of disagreements, these authorities are also responsible for providing cross-jurisdictional assessments to resolve any issues that may arise.

Such cooperation is not limited to routine supervision. In times of crisis, when a significant ICT-related incident occurs, the ability of these authorities to work together effectively can be the difference between a contained incident and a full-blown crisis. By fostering strong communication channels and a shared understanding of best practices, Article 43 ensures that the financial sector can respond swiftly and cohesively to threats.

Building a Resilient Financial Sector

The overarching goal of Article 43 is to create a financial sector that is resilient to the ever-evolving landscape of cyber threats. By fostering cooperation, promoting the sharing of best practices, and conducting cross-sector exercises, the ESAs and their partners are laying the groundwork for a financial system that can withstand and quickly recover from ICT-related incidents.

The emphasis on cross-sector collaboration reflects a recognition that the financial sector does not operate in isolation. Its dependencies on other economic sectors mean that a holistic approach is necessary to ensure resilience. By testing these dependencies and developing coordinated responses, Article 43 ensures that the financial sector is prepared for the complex and interconnected nature of modern cyber threats.

Conclusion

Article 43 of DORA represents a significant step forward in the EU's efforts to enhance the digital operational resilience of its financial sector. Through cross-sector exercises, close cooperation among authorities, and a focus on situational awareness, the EU is better equipped to handle the challenges posed by cyber threats in an increasingly digital world.

DORA Compliance Framework