Article 42 Digital Operational Resilience Act (DORA), Cooperation With Structures And Authorities Established By Directive (EU) 2016/1148

by Sneha Naskar

Article 42 of the Digital Operational Resilience Act (DORA) emphasizes the importance of collaboration between financial entities and the structures established by Directive (EU) 2016/1148, the NIS Directive. This cooperation aims to enhance the overall cybersecurity framework within the EU by integrating financial sector practices with broader national and sectoral strategies. By working together with these established structures and authorities, financial entities can align their cybersecurity measures with national priorities, share critical threat information, and strengthen their resilience against cyber threats. This collaborative approach ensures a unified and effective strategy to safeguard the EU’s digital infrastructure.

Cooperation With Structures And Authorities Established By Directive (EU) 2016/1148

Strengthening Collaboration and Information Exchange

Integration of ESAs and Competent Authorities into the Cooperation Group

In order to strengthen collaboration and facilitate the exchange of supervisory insights among the competent authorities designated under this Regulation and the Cooperation Group established by Article 11 of Directive (EU) 2016/1148, the European Supervisory Authorities (ESAs) and these competent authorities have the ability to formally request participation in the operational activities and discussions of the Cooperation Group. This initiative is a strategic move to bolster cooperative efforts in addressing cybersecurity challenges and enhancing digital operational resilience across the European Union.

Benefits of Enhanced Cooperative Efforts

By formally integrating the ESAs and designated competent authorities into the operational activities of the Cooperation Group, a more cohesive and unified approach to cybersecurity can be achieved. The Cooperation Group, established under the NIS Directive (Directive (EU) 2016/1148), is a critical platform for facilitating strategic cooperation and the exchange of information among EU Member States. The active participation of the ESAs and competent authorities in this group will enable them to share valuable supervisory insights, leverage collective expertise, and develop coordinated responses to cybersecurity threats. This collaborative effort is essential in fostering a robust and resilient digital infrastructure across the EU.

DORA Compliance Framework

Alignment with Latest Cybersecurity Trends

The inclusion of the ESAs and competent authorities in the Cooperation Group's activities will also ensure that supervisory practices and regulatory frameworks are aligned with the latest cybersecurity trends and threats. This alignment is crucial for maintaining the integrity and security of the financial sector, which is increasingly reliant on digital technologies and vulnerable to cyber threats. By working together, the ESAs, competent authorities, and the Cooperation Group can develop and implement effective cybersecurity policies and practices that enhance the digital operational resilience of financial entities.

Sharing Best Practices and Lessons Learned

Furthermore, this initiative will facilitate the sharing of best practices and lessons learned from past cyber incidents, allowing for continuous improvement in cybersecurity measures. The exchange of information and insights will help identify emerging threats and vulnerabilities, enabling proactive measures to be taken to mitigate potential risks. This proactive approach is essential for maintaining the trust and confidence of stakeholders in the financial sector and ensuring the stability and security of the digital economy.

Engagement with Single Point of Contact and National CSIRTs

Competent authorities are encouraged to engage in consultations with the designated single point of contact and the national Computer Security Incident Response Teams (CSIRTs), as outlined in Articles 8 and 9 of Directive (EU) 2016/1148. These consultations are pivotal for leveraging expertise and coordinating responses to cyber incidents, thereby reinforcing the overall cybersecurity framework and safeguarding critical information infrastructures within member states.

Role of the Single Point of Contact

The single point of contact, designated under Article 8 of the NIS Directive, serves as a central communication hub for coordinating cybersecurity efforts at the national level. By engaging in consultations with this entity, competent authorities can ensure that their actions are aligned with national cybersecurity strategies and policies. This alignment is crucial for creating a cohesive and coordinated response to cyber threats, which often cross borders and require a collaborative approach to effectively address.

DORA Compliance Framework

Role of National CSIRTs

National CSIRTs, designated under Article 9 of the NIS Directive, play a critical role in managing and responding to cyber incidents. These teams possess specialized knowledge and expertise in detecting, analyzing, and mitigating cyber threats. By consulting with national CSIRTs, competent authorities can leverage this expertise to enhance their own cybersecurity measures and response capabilities. This collaboration is essential for ensuring that cyber incidents are managed effectively and efficiently, minimizing their impact on critical information infrastructures and the broader economy.

Building Stronger Relationships and Communication Channels

Moreover, these consultations will help build stronger relationships and communication channels between competent authorities, the single point of contact, and national CSIRTs. These relationships are vital for fostering trust and cooperation, which are key to successfully managing and mitigating cyber threats. Regular consultations and information exchanges will ensure that all parties are well-informed and prepared to respond to emerging threats, thereby enhancing the overall cybersecurity posture of the EU.

Comprehensive Approach to Enhancing Cybersecurity

The formal participation of the ESAs and competent authorities in the Cooperation Group's activities, along with their engagement in consultations with the single point of contact and national CSIRTs, represents a comprehensive approach to enhancing cybersecurity and digital operational resilience across the EU. These collaborative efforts will ensure that financial entities are well-protected against cyber threats, thereby safeguarding the stability and security of the digital economy.
DORA Compliance Framework