Article 43, Oversight Fees, Digital Operational Resilience Act (DORA)

Overview

1. The Lead Overseer shall, in accordance with the delegated act referred to in paragraph 2 of this Article, charge critical ICT third-party service providers fees that fully cover the Lead Overseer’s necessary expenditure in relation to the conduct of oversight tasks pursuant to this Regulation, including the reimbursement of any costs which may be incurred as a result of work carried out by the joint examination team referred to in Article 40, as well as the costs of advice provided by the independent experts as referred to in Article 32(4), second subparagraph, in relation to matters falling under the remit of direct oversight activities.

The amount of a fee charged to a critical ICT third-party service provider shall cover all costs derived from the execution of the duties set out in this Section and shall be proportionate to its turnover.

2. The Commission is empowered to adopt a delegated act in accordance with Article 57 to supplement this Regulation by determining the amount of the fees and the way in which they are to be paid by 17 July 2024.

Summary Of Article 43

Article 43 of the Digital Operational Resilience Act (DORA) deals with the oversight fees charged to critical ICT third-party service providers. The Lead Overseer is responsible for determining fees to cover the costs of oversight tasks, which may include reimbursement for joint examination team activities and advice from independent experts. These fees must be proportionate to the service provider’s turnover and cover all necessary expenses related to the execution of oversight duties. The European Commission is authorized to adopt a delegated act by July 2024 to define the exact amount and payment procedures for these fees.