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ARTICLE · 12 MARCH 2025

ESAs Issue Opinion On Amendments To DORA RTS Following EC's Rejection

GTG Legal
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As explored in a previous article regarding the European Commission's rejection of the draft Regulatory Technical Standards on ICT subcontracting under DORA (the "RTS")...

MaltaFinance and Banking
J.J. Galea
J.J. Galea

DORA

As explored in a previous article regarding the European Commission's rejection of the draft Regulatory Technical Standards on ICT subcontracting under DORA (the "RTS"), the European Supervisory Authorities ("ESAs") have now issued their formal opinion addressing the amendments proposed by the Commission.

In their opinion dated 7 March 2025, the ESAs acknowledge the Commission's concerns regarding Article 5 of the draft RTS, which had originally introduced monitoring requirements on ICT subcontracting chains. The Commission previously determined that these specific requirements exceeded the ESAs' mandate under Article 30(5) of DORA by imposing conditions not explicitly linked to the conditions for subcontracting. The Commission had particularly objected to Article 5 of the RTS, pinpointing that monitoring requirements related to ICT subcontracting chains exceeded the delegated authority granted to the ESAs and thus required removal to align with

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