§ DORA · Article 50
DORA Article 50: Obligations, Deadlines & Penalties
At a glance
Article 50 of the DORA imposes 12 obligations on Member State, competent authority.
§ Obligations
All obligations under Article 50
Obligation 1
Competent authorities shall have all supervisory, investigatory and sanctioning powers necessary to fulfil their duties under this Regulation.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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competent authority
- Action required
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have powers
- Deadline
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—
- Penalty
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—
Obligation 2
Competent authorities shall have the power to have access to any document or data held in any form that the competent authority considers relevant for the performance of its duties and receive or take a copy of it.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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competent authority
- Action required
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access documents
- Deadline
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—
- Penalty
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—
Obligation 3
Competent authorities shall have the power to carry out on-site inspections or investigations, including summoning representatives of financial entities for explanations and interviewing consenting persons.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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competent authority
- Action required
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inspect
- Deadline
-
—
- Penalty
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—
Obligation 4
Competent authorities shall have the power to require corrective and remedial measures for breaches of the requirements of this Regulation.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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competent authority
- Action required
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require measures
- Deadline
-
—
- Penalty
-
—
Obligation 5
Member States shall lay down rules establishing appropriate administrative penalties and remedial measures for breaches of this Regulation and shall ensure their effective implementation.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
-
establish rules
- Deadline
-
—
- Penalty
-
—
Obligation 6
Member States shall confer on competent authorities the power to issue an order requiring the natural or legal person to cease conduct that is in breach of this Regulation and to desist from a repetition of that conduct.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
-
confer power
- Deadline
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—
- Penalty
-
—
Obligation 7
Member States shall confer on competent authorities the power to require the temporary or permanent cessation of any practice or conduct that the competent authority considers to be contrary to the provisions of this Regulation.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
-
confer power
- Deadline
-
—
- Penalty
-
—
Obligation 8
Member States shall confer on competent authorities the power to adopt any type of measure, including of pecuniary nature, to ensure that financial entities continue to comply with legal requirements.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
-
confer power
- Deadline
-
—
- Penalty
-
—
Obligation 9
Member States shall confer on competent authorities the power to require, insofar as permitted by national law, existing data traffic records held by a telecommunication operator where there is a reasonable suspicion of a breach.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
-
confer power
- Deadline
-
—
- Penalty
-
—
Obligation 10
Member States shall confer on competent authorities the power to issue public notices, including public statements indicating the identity of the natural or legal person and the nature of the breach.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
-
confer power
- Deadline
-
—
- Penalty
-
—
Obligation 11
Member States shall confer on competent authorities the power to apply administrative penalties and remedial measures to members of the management body and other individuals responsible for the breach, subject to national law conditions.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
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confer power
- Deadline
-
—
- Penalty
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—
Obligation 12
Member States shall ensure that any decision imposing administrative penalties or remedial measures is properly reasoned and is subject to a right of appeal.
Regulation (EU) 2022/2554, Article 50, Article 50
- Obligated entity
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Member State
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 50
Who must comply with Article 50 of the DORA?
+
Member State, competent authority.
What does Article 50 of the DORA require?
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have powers access documents inspect