NLD AFM Cyber and Digital Resilience


On Apr. 14, NLD AFM discussed cyber risks and digital resilience.


  • NLD AFM article on digital resilience emphasized that cybersecurity and ransomware risks must be considered across a whole organization, not just by security experts.
  • Follows NLD AFM Dec. 2023, issued recommendations re cyber attacks, see #157958.
  • Overview
  • According to Global Security Outlook Report 2023, 43% of CEOs said they expected their organization to be affected by a cyberattack within the next two years.
  • Digitization and geopolitical tension, and the rise of cybercrime as a service have made this type of crime more accessible, as have hacking packages for sale on the dark web.
  • Cyber must be higher government, industry, public services, organization's agendas.
  • For the financial sector, EU is replacing/improving cyber rules via DORA, see #137568.
  • Interconnectivity across the financial sector means problems within one organization can lead to contagion of others so boards/managers can no longer ignore cyber risks.
  • Jul. 2023 Update
  • On Jul. 20, 2023, NLD AFM explained the substantive aspects of EU DORA rules.
  • Publication allows companies to see where they stand in field of cyber security and what steps they still need to take to comply with DORA (effective since Jan. 2023).
  • It is recommended that companies start preparing for DORA as early as possible.
  • Shows what companies can start working on while awaiting elaboration of further regs.
  • From Jan. 2025, companies in scope of regulation must comply with the regulations.
  • Highlights 5 points: ICT risk management, ICT-related incidents, Testing digital operational resilience, management of ICT risk from third party providers, governance.
  • Explained companies have until Jan. 2025 to comply with regulations, DORA will then officially apply, NLD AFM and NL DNB will supervise its application.
  • DORA-related requirements from existing laws, regs already apply to some companies.
  • Dec. 2023 Update
  • On Dec. 1, 2023, NLD AFM issued 2nd publication covering DORA substantive aspects.
  • This edition discusses managing ICT risks from third-party providers so companies can analyze where they stand, what steps they may still need to take to comply with it.
  • To be resilient to cyber threats and ICT disruptions throughout the chain, it's important to pay attention to risks of purchasing ICT services from third-party providers.
  • So companies must pay explicit attention to IT risks arising from using those services.
  • DORA expects companies to develop a strategy for managing these so-called third party risks, whereby the risks of outsourcing critical services are regularly reviewed.
  • Also prescribes which elements firms must include in contractual agreements with third-party providers; more detail and how to make them DORA-proof in issued article.
  • Mar. 29, 2024 Risk Management
  • On Mar. 29, 2024, NLD AFM issued Getting started with DORA: ICT risk management.
  • Publication 3 in the series explains how focus on ICT risk management can help organizations gain a clear picture of their ICT vulnerabilities, to minimize their impacts.
  • They can do so by analyzing current position/steps needed to comply with regulation.
  • Examines DORA articles and further topics in a regulatory technical standard (RTS).
  • Document dated Mar. 29, 2024, received from NLD AFM Apr. 9, summarized Apr. 12.
  • In Jun. 2024 NLD AFM issued 4th DORA update on ICT-related incidents, see #217474.
  • Sep. 2024 Testing Digital Operational Resilience
  • On Sep. 23, 2024, NLD AFM published the fifth DORA update in which the substantive aspects of DORA are explained, and outlined how to test digital operational resilience.
  • This update takes a closer look at the test program that companies need to set up.
  • The testing program shall include the tests, practices, methodologies and tools that are regularly carried out to assess the ICT systems, tools and processes.
  • A number of companies will be designated to perform an advanced test by means of threat-led penetration test; this update discusses designating and implementing TLPT.
  • Companies have until Jan. 2025 to comply with the regulations, after which time DORA will officially apply and NLD AFM and NLD DNB will supervise the regulation.
  • Some companies already subject to DORA-related requirements from existing laws.
  • In Nov. 2024, NLD DNB issued its vision, focus, and resilience, reports, see #233040.

Regulators NLD AFM
Entity Types B/D; Exch; IA; Inv Co
Reference Gd, PR, 9/23/2024; Gd 3/29/2024; Bl 12/01/2023; Gd, PR, 7/20/2023; PR 4/14/2023; DORA Dir 2022/2556, Reg 2022/2554
Functions BCS; Compliance; Cyber; Financial; Legal; Operations; Outsourcing; Privacy; Record Retention; Reporting; Risk; Technology
Countries Netherlands
Category
State
Products Equity; Fixed Income; Fund Mgt; Securities
Regions EMEA
Rule Type Final
Rule Date 4/14/2023
Effective Date 1/1/2025
Rule Id 169643
Linked to N/A
Reg. Last Update 9/23/2024
Report Section EU

Last substantive update on 09/26/2024