Question ID: 3100 - DORA099
Regulation Reference: (EU) 2022/2554 - Digital Operational Resilience Act (DORA)
Topic: Scope of group
Article: 3(60-64)
Status: Answer provided by the European Commission
Date of submission: 04 Jun 2024
Question
We receive many questions from insurance intermediaries on how to determine for group structures whether they are in scope of DORA.
It is not defined in DORA how to calculate whether you meet the 250FTE criterium. We found guidance from the EC in 2003/361/EC on how to calculate whether a firm is small/medium/large and how to consider linked entities and parent entities, but we are not sure if this is the guidance to follow. Can you please provide clarity on these matters?
EIOPA answer
The answer to this question is provided by the European Commission.
The EC Recommendation 2003/361/EC is applicable considering the thresholds as defined in DORA (2787 - DORA011 - EIOPA). This means that the set of comprehensive rules from the EC Recommendation 2003/361/EC on how to calculate the number of employees, annual turnover and annual balance sheet total (e.g. change in indicators one year to the other, type of employees to be considered, etc.) is applicable. However, in case of insurance intermediaries that are part of a non-financial group the figures to be used to calculate the number of employees, annual turnover and annual balance sheet total should be calculated at individual entity level, in line with the policy objectives of DORA to strengthen, in a proportionate way, the digital operational resilience of the EU financial services sector.
Disclaimer provided by the European Commission:
The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.