Question ID
2025_7332
Legal act
Regulation (EU) No 2022/2554 (DORA Reg)
Topic
Register of information (DORA)
Article
30
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Regulation (EU) 2024/2956 - ITS on the register of information
Article/Paragraph
n/a
Type of submitter
Other
Subject matter
Subcontracting
Question

Should a vendor be identified as a "subcontractor" simply because the ICT intra-group service provider to whom it provides services is part of a European financial group, even though the ICT services provided by the vendor are not connected to the ICT services provided by the intra-group service provider to FEs in their group.

Background on the question

Company A licenses payments software to Company B.  Company B is not an FE, but is part of a financial group including EEA-regulated FEs as well as financial institutions in non-EEA jurisdictions.  Company B provides ICT services in support of these FEs' CIFs and is therefore an intra-group ICT service provider.  Company B also supports the financial institutions in the non-EEA jurisdictions.

The software provided by Company A to Company B is only used to support the operations of the non-EEA financial institutions; it is not used to support the operations/CIFs of any EEA FEs.

Company B insists that Company A is a subcontractor subject to DORA because Company B's group is a consolidated financial group and focuses on ICT risk management from a group perspective.

Submission date
Rejected publishing date
Rationale for rejection

This question has been rejected because it is considered that EBA guidance or clarification is not needed with regard to the issue that it raises. For example, this can be the case where it is considered that the existing regulatory framework is sufficiently clear and unambiguous, or where different practices may be possible but it is not currently necessary to harmonise these further through the Q&A process.

The Single Rule Book Q&A tool has been established to provide explanations and non-binding interpretations on questions relating to the practical application or implementation of the provisions of legislative acts referred to in Article 1(2) of the EBA’s founding Regulation, as well as associated delegated and implementing acts, and guidelines and recommendations, adopted under these legislative acts.

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Status
Rejected question