Dear Mrs / Dear Mr, we are contacting you with a request for an opinion regarding Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011 (hereinafter referred to as "DORA Regulation"): Under the Article 2 paragraph 1 point o) of the DORA regulations, the regulation applies to insurance intermediaries, reinsurance intermediaries and ancillary insurance intermediaries. Under the Article 3 of the DORA Regulations, for the purposes of this regulation, the following definitions apply: 49. ‘insurance intermediary’ means an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 of the European Parliament and of the Council => ‘insurance intermediary’ means any natural or legal person, other than an insurance or reinsurance undertaking or their employees and other than an ancillary insurance intermediary, who, for remuneration, takes up or pursues the activity of insurance distribution; 50. ‘ancillary insurance intermediary’ means an ancillary insurance intermediary as defined in Article 2(1), point (4), of Directive (EU) 2016/97; => ‘ancillary insurance intermediary’ means any natural or legal person, other than a credit institution or an investment firm as defined in points (1) and (2) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (12), who, for remuneration, takes up or pursues the activity of insurance distribution on an ancillary basis, provided that all the following conditions are met: (a) the principal professional activity of that natural or legal person is other than insurance distribution; (b) the natural or legal person only distributes certain insurance products that are complementary to a good or service; (c) the insurance products concerned do not cover life assurance or liability risks, unless that cover complements the good or service which the intermediary provides as its principal professional activity; 51. ‘reinsurance intermediary’ means a reinsurance intermediary as defined in Article 2(1), point (5), of Directive (EU) 2016/97 => ‘reinsurance intermediary’ means any natural or legal person, other than a reinsurance undertaking or its employees, who, for remuneration, takes up or pursues the activity of reinsurance distribution; In Art. 2 (3) of the DORA Regulations are listed exclusions from the scope of the DORA Regulations, p. i. under point e) insurance intermediaries, reinsurance intermediaries and ancillary insurance intermediaries which are microenterprises or small or medium-sized enterprises;. The definitions of microenterprise, small or medium-sized enterprise are given in Art. 3 DORA regulations: 60. ‘microenterprise’ means a financial entity, other than a trading venue, a central counterparty, a trade repository or a central securities depository, which employs fewer than 10 persons and has an annual turnover and/or annual balance sheet total that does not exceed EUR 2 million; 63. ‘small enterprise’ means a financial entity that employs 10 or more persons, but fewer than 50 persons, and has an annual turnover and/or annual balance sheet total that exceeds EUR 2 million, but does not exceed EUR 10 million; 64. ‘medium-sized enterprise’ means a financial entity that is not a small enterprise and employs fewer than 250 persons and has an annual turnover that does not exceed EUR 50 million and/or an annual balance sheet that does not exceed EUR 43 million; As mentioned, the DORA Regulation applies to insurance intermediaries, reinsurance intermediaries and supplementary insurance intermediaries (Article 2 (1) point o)), provided that they do not fall under the exclusions from the scope of the DORA Regulation, o. i. to micro-enterprises or small or medium-sized enterprises (Article 2 (3)). It is not excluded that there will also be situations when a company that meets the definition according to Art. 2(1) point o) Regulations DORA mainly devotes itself to other activities and performs insurance/reinsurance/supplementary insurance brokerage only as a supplement to its main activity and derives negligible income from this activity. In these cases, the question arises as to whether the annual turnover and/or the annual balance sheet for determining the size of the company in terms of the DORA Regulation include only income from activities regulated by DORA (e.g. insurance mediation/reinsurance/supplementary insurance) or all income that the company achieves (e.g. from construction activities).

This question has been rejected because the matters have been answered in DORA Q&A DORA237 and DORA Q&A DORA096.