Question ID: DORA 228 - 3317
Regulation Reference: (EU) 2022/2554 - Digital Operational Resilience Act (DORA)
Topic: ICT third-party risk management (DORA)
Article: 28(6) 30(3)(e)(i)
Status: Rejected
Date of submission: 09 Apr 2025
Question
Does Article 28(6) requires financial entity to obtain access, inspection and audit rights in relation to any ICT third party service providers, regardless of whether their services supporto critical or important functions?
Background of the question
Both Articles 28(6) and 30(3)(e)(i) rules access, inspection, and audit rights. However, the latter is referred to ICT third party service providers supporting COI functions, while the former generally refers to ICT third party service providers, without any further specification. It appears that the main difference between the two rules is that Article 30(3)(e)(i) requires "unrestricted" rights of access, inspection and audit. Does this mean that financial entities should obtain such access, inspection and audit rights in respect of all providers, ensuring that when the relevant services supports essential or important functions, these rights are "unrestricted"?
EIOPA answer
This question has been rejected because it is seeking confirmation of a requirement already clearly set out in the Regulation (Art. 28(6) and Art. 30(3)(i)).