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European Commission proposes new regulation of digital operational resilience in the financial sector

By Oliver Yaros, Chris Chapman, Ana Hadnes Bruder & Ondrej Hajda on March 3, 2021
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On 24 September 2020, the European Commission published a proposal for a new regulation – the Digital Operational Resilience Act (“DORA”) – and an accompanying directive to harmonise digital operational resilience rules for financial organisations in the EU.

Digital operational resilience

Digital operational resilience is the ability to build, assure and review the technological operational integrity of an organisation by ensuring that the organisation can support the continued provision of services and their quality in the face of operational disruptions affecting its information and communication technologies (“ICT”) capabilities.

Examples of disruptions affecting ICT capabilities include, for example, cyber-attacks and other incidents, technological failures, as well as other malicious and non-malicious events.

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Photo of Oliver Yaros Oliver Yaros

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a…

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a particular focus on fintech and digital transformation projects, as well as clients operating within a broad range of sectors on data protection matters and cybersecurity incidents, intellectual property transactions and related issues.

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Photo of Ana Hadnes Bruder Ana Hadnes Bruder

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters…

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters, including preparing for and reacting to cyber-attacks, assessing and making required data breach notifications, analyzing data protection implications of new products and tools and providing strategic advice with a focus on cross-border data processing. Ana further advises on Technology Transactions including cloud services, data and software licensing agreements, SaaS agreements, software development projects, e-commerce, and related Cybersecurity & Data Privacy questions.

Ana is a registered lawyer in Germany and Brazil and has ten years of international experience as legal counsel in Brazil, France and Germany. Ana started her career at Mayer Brown in the Dispute Resolution practice where she represented clients in litigation and arbitration proceedings involving complex commercial, intellectual property and liability matters.

Before joining Mayer Brown, Ana gained experience representing foreign clients in judicial proceedings in Brazil and also worked as in-house counsel for a leading French company in Paris.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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