DORA Article 36: Obligations, Deadlines & Penalties

The Lead Overseer may exercise specific oversight powers on premises in a third country owned or used by a critical ICT third-party service provider if oversight objectives cannot be attained within the Union, subject to conditions including necessity, relevance, provider consent, and no objection from the third-country authority. Regulation (EU) 2022/2554, Article 36, Article 36

EBA, ESMA, or EIOPA shall conclude administrative cooperation arrangements with the relevant authority of the third country to enable the smooth conduct of inspections by the Lead Overseer and its designated team. Regulation (EU) 2022/2554, Article 36, Article 36

The administrative cooperation arrangements shall specify procedures for coordinating oversight activities, including details for transmitting agreement to allow general investigations and on-site inspections. Regulation (EU) 2022/2554, Article 36, Article 36

The administrative cooperation arrangements shall specify the mechanism for the transmission of relevant information between the EU authority and the third-country authority, particularly regarding information requested by the Lead Overseer. Regulation (EU) 2022/2554, Article 36, Article 36

The administrative cooperation arrangements shall specify mechanisms for the prompt notification by the third-country authority to the EU authority of cases where a critical ICT third-party service provider infringes applicable law in the third country. Regulation (EU) 2022/2554, Article 36, Article 36

The administrative cooperation arrangements shall specify the regular transmission of updates on regulatory or supervisory developments on the monitoring of ICT third-party risk in the third country. Regulation (EU) 2022/2554, Article 36, Article 36

The administrative cooperation arrangements shall specify details for allowing the participation of one representative of the relevant third-country authority in inspections conducted by the Lead Overseer and the designated team. Regulation (EU) 2022/2554, Article 36, Article 36

When the Lead Overseer is not able to conduct oversight activities outside the Union, it shall exercise its powers under Article 35 on the basis of all facts and documents available to it. Regulation (EU) 2022/2554, Article 36, Article 36

When the Lead Overseer is not able to conduct oversight activities outside the Union, it shall document and explain any consequence of its inability to conduct the envisaged oversight activities. Regulation (EU) 2022/2554, Article 36, Article 36