ESMA_QA_2328

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/2328

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Regulatory Context

Regulation : DORA

Level 1 Regulation: Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: Other DORA topics

Subject Matter: Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)

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Question

Submission Date: 06 November 2024

We have service providers (Market Axess), who classify themselves as DORA-relevant because they offer regulated financial services (ARM and APA). However, they do not see themselves obligated to make contractual adjustments according to Article 30. This is because “financial services” would not fall under the definition of “ICT service” as per Article 3(21) of DORA. Additionally, this requirement would only apply to non-regulated companies. Is this understanding correct?

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ESMA Answer

Answer Date: 06-11-2024

Question is rejected because the matter it refers to has been answered in Q&A DORA030.

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This document was automatically extracted from the ESMA EMIR Q&A database.