Final Q&As
Question ID: 2024_7290
What is the correct reading of Article 3 (21) and Recital 63, Article 2 and Article 58(2) of Regulation (EU) No. (EU) 2022/2554 (DORA Reg) in combination with the COM/2023/0365 European Commission Report on the review of Directive 2015/2366/EU ?
Question ID: 2025_7439
Do imputed staff costs count as part of staff costs in accordance with Article 18(1)(f) of Regulation (EU) 2022/2554 in conjunction with Article 7(1)(c) Delegated Regulation (EU) 2024/1772 and Article 4(e) Delegated Regulation (EU) 2025/301 and must, therefore, be reported as part of gross direct and indirect costs and losses of an incident?
Question ID: DORA038
When restoring backup data using own systems, financial entities shall use ICT systems that are physically and logically segregated from the source ICT system. What does DORA mean by "recovering backed-up data using own systems"? What does "own systems" mean? What is the source ICT system? The productive system whose data is backed-up or the system where the backed-up data is stored?
Question ID: DORA138
Do the requirements of the Digital Operational Resilience Act (DORA) apply to Virtual Asset Service Providers (VASPs) that are not classified as Crypto-Asset Service Providers (CASPs) under the Markets in Crypto-Assets Regulation (MiCAR) as of December 30, 2024 and are benefiting from the MiCAR transition period?"
Question ID: DORA238
The regulation applies to managers of alternative investment funds according to Article 2, point (k) of DORA. According to Article 3, (point 44), of DORA a manager of alternative investment funds is defined as “a manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU”.
According to Article 4(1), point (b), of Directive 2011/61/EU (AIFM Directive) “AIFMs’ means legal persons whose regular business is managing one or more AIFs”. We are of the understanding that Article 4(1), point (b), does not exclude non-EU AIFM. EU AIFM and non-EU AIFM are defined in Article 4(1), point (L) and point (ab). Since DORA only refers to article 4(1), point (b), of the AIFM Directive and not to article 4(1), point (L), we are wondering if DORA applies to both EU and non-EU AIFM as the definition implies.
Question ID: DORA186
According to Article 2 par 1 of DORA AIFM is in scope of DORA, AIF is not defined as financial entity. There are situations when agreement is concluded directly between AIF and ICT service provider. It is obvious that the agreement in such situation should contain elements listed in Article 30 of DORA and the risk assessment should be performed by AIFM. But shall such agreement also be:
- included in the register of information in relation to all contractual arrangements on the use of ICT services provided by ICT third-party service providers according to Article 28 par 3 and
- notified to competent authority in a timely manner prior of the conclusion of the agreement if the agreement supports critical or important functions?