These standard contractual clauses can be used by financial entities as an addendum to existing contracts with third-party service providers for the provision of information or communication technology (“ICT”) services, whether or not supporting critical or important functions, that need to be updated to ensure compliance with:

  • Article 30 (Key Contractual Provisions) of the Digital Operational Resilience Act (EU Regulation 2022/2554) (“DORA”); and
  • The draft regulatory technical standards contained in the final report (JC 2024 53) issued by EBA, EIOPA and ESMA specifying the elements which a financial entity needs to determine and assess when subcontracting ICT services supporting critical or important functions as mandated by Article 30(5) of DORA (the “Regulatory Technical Standards“).

A preview of these standard contractual clauses is available here: Standard Contractual Clauses for ICT Third-Party Service Provider Contracts (DORA) – Preview.

These standard contractual clauses will help you to navigate the complexity of the provisions contained in Article 30 of DORA and the Regulatory Technical Standards and document your firm’s compliance with those provisions in an easy-to-use fully customisable format.

They were prepared by lawyers and are used by law firms and their clients.

Using these standard contractual clauses will save you time and effort compared to preparing your own standard contractual clauses from scratch or updating each ICT third-party service provider contract individually.

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