Question ID: DORA130 - 3174
Regulation Reference: (EU) 2022/2554 - Digital Operational Resilience Act (DORA)
Topic: Other DORA topics
Article: 3(21)
Status: Rejected
Date of submission: 21 Oct 2024
Question
Can you please confirm that Articles 28-30 DORA will only apply to those contractual arrangements for "ICT Services" that are provided on continuous basis as a digital and data service, i.e. not to contractual arrangements for one-off provision of licenses or products?
Background of the question
The draft ITS from ESAs regarding provision of information registers includes reporting categories such as "on-premise licensing" or "ICT consulting". However, these types of products/services are often provided on one-off basis, without actual access to the FI's infrastructure or data. It is therefore unclear how the requirements of DORA should be applied to the contractual arrangements for these types of products/services.
EIOPA answer
The question has been rejected because the definition of ICT service in Article 3(21) clearly mentions that ICT service shall be provided on an ongoing basis.