AmCham EU publishes position on Digital Operational Resilience Act (DORA)

The use of technology in financial services is not new. In fact, the financial services industry has always been at the forefront of testing and adopting new technologies to transform the financial services industry, increase competition and efficiency, as well as offering new solutions to its customers. What is new is the speed of innovation we are seeing in recent years covering all aspects of the financial services sector and leading to the development of new business models, services and products.

Amongst these new developments is the use of information and communications technology (ICT), which finds itself at continuously greater use in the sphere of finance, requiring greater security resilience for firms. The Digital Operational Resilience Act (DORA) represents thus a crucial step towards a harmonized EU framework for digital resilience in financial operations. Due to the unique factors coming together in the financial services sector, given its fast evolution, increased diversification and international nature, additional care needs to be taken into consideration in the adoption of the new proposed regulation. Read our position here.

News
7 Mar 2021
Digital, Financial services
AmCham EU publishes position on Digital Operational Resilience Act (DORA)

As the voice of American businesses invested in Europe, AmCham EU emphasises the transatlantic dimension and the need for a coordinated international approach to ICT risk management in this paper. The recommendations contained within this paper therefore focus on building on existing international practices and call for openness to incorporating international best practices into the implementation of the EU’s digital operational resilience.

The issues addressed in this paper include general principles; cloud computing; third-country provisions; intragroup delegation; ICT risk management; legislative consistency; the designation critical third-party providers; testing; incident reporting; EU oversight of critical third-party providers; contractual arrangements; outsourcing and sub-outsourcing; cyber threat information sharing; sanctions and penalties; oversight fees; and the implementation period.

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The central question for the Tech Sovereignty Package is how to build resilience without undermining competitiveness. Concerns around overdependence on a limited number of providers, the risk of external disruption to service continuity and the long-term position of the EU’s digital industries are all legitimate. However, greater sovereignty will only be sustainable if it is built on a competitive, diverse and innovative digital ecosystem. The technologies that underpin the global digital economy are developed through highly international supply chains, with innovation spread across multiple markets.

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The Package’s Strategic Roadmap for Digitalisation and AI in energy is a positive step that could help unlock the benefits of digitalisation for Europe’s energy needs, enabling faster and more flexible grids. Digitalisation provides new opportunities to strengthen the reliability and resilience of energy systems. If executed well, the roadmap could support the growing demand of Europe’s digital and AI sectors for low-carbon energy.

Ultimately, the importance of the Tech Sovereignty Package extends well beyond the technology sector itself. Manufacturers, healthcare and life sciences, financial services, mobility, energy and retail all increasingly depend on access to advanced digital technologies to innovate and compete. For the Tech Sovereignty Package to support these sectors, it must ensure companies in Europe continue to benefit from economic openness.

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