DORA regulation outlining process for identifying critical ICT third-parties published

It implements the specific assessment approach to be used by supervisory authorities and outlines fees payable by vendors designated as critical.

The designation of critical ICT third-party service providers in the delegated regulation follows the two step approach outlined in the Discussion Paper published in May 2023.

The intended effect of the minimum thresholds applied in Step 1 is to produce a sub-set of third party providers, whose services support critical or important functions, to be further assessed by each supervisory authority in Step 2.

The assessment approach implemented has been summarized below in a series of tables with all language simplified for an easier high-level comprehension.

The regulation was published on 30 May and will therefore enter into force on 19 June.

Systemic impact on stability, continuity, or quality of services

DORA Article 31(2)(a)

Step 1

ArticleSub-criterionSub-criterion calculationSub-criterion threshold fulfilled if
2(1)1.1Financial entities of a specified category using the third party / total number of financial entities of that category  Both calculations result in:
– At least 10% of the total number
– For at least one category of financial entities
1.2Value of assets of a specified category of financial entities using the third party / total value of assets of all financial entities of that category    

Step 2

ArticleSub-criterionSub-criterion description
2(5)1.3An assessment of the intensity of impact of discontinuing the services provided by the third party on activities and operations of financial entities as well as the number of financial entities affected  
1.4An assessment of the dependence of the third party on the same subcontractors providing services supporting critical / important functions of financial entities  

Systemic character and importance of services

DORA Article 31(2)(b)

Step 1

ArticleSub-criterionSub-criterion calculationSub-criterion threshold fulfilled if
3(1)2.1Number of global systemically important institutions (G-SII) and other systemically important credit institutions (O-SII) using the third party  The services are used at least by either:
– One G-SII
– Three O-SII
– One O-SII with a score above 3,000  
2.2Number of financial entities identified as systemic by a competent authority using the third party  The services are used at least by either:
– One financial entity identified as systemic that is also a:
* Central securities depository
* Central counterparty
* Trading venue
* Trade repository
– Three financial entities identified as systemic  

Step 2

ArticleSub-criterionSub-criterion description
3(4)2.3An assessment of the interdependence between financial entities relying on services from the same third party  

Criticality or importance of the function

DORA Article 31(2)(c)

Step 1 – no sub-criterion itemised in delegated regulation

The DORA criterion is the reliance by a financial institution on the same third party in relation to critical or important functions.

Step 2

ArticleSub-criterionSub-criterion description
4(1)3.1An assessment of the critical nature of the service provided by the third party for activities carried out by the financial institution  

Degree of substitutability

DORA Article 31(2)(d)

Step 1

ArticleSub-criterionSub-criterion calculationSub-criterion threshold fulfilled
5(1)4.1Number of financial entities of a specified category for which no alternative third party is available / total number of financial entities in that category  Both sub-criteria deemed fulfilled where either calculation results in at least 10% of the total number of entities
4.2Number of financial entities of a specified category for which it is highly difficult to migrate or reintegrate a service being provided by a third party / total number of financial entities of that category  

Step 2

ArticleSub-criterionSub-criterion description
5(5)Points to sub-criterion two in DORA Article 31(2)(d)(i)Assessment of the market share of third party