Article 27 — Requirements for testers for the carrying out of TLPT
Financial servicesLevel 1RegulationDORAStage: AdoptedStage 3 of 3: Proposal → Agreed → AdoptedVerifiedIdentical to the official source.Official source
27(1)(b)
(b)possess technical and organisational capabilities and demonstrate specific expertise in threat intelligence, penetration testing and red team testing;
Copy link27(1)(c)
(c)are certified by an accreditation body in a Member State or adhere to formal codes of conduct or ethical frameworks;
Copy link27(1)(d)
(d)provide an independent assurance, or an audit report, in relation to the sound management of risks associated with the carrying out of TLPT, including the due protection of the financial entity’s confidential information and redress for the business risks of the financial entity;
Copy link27(1)(e)
(e)are duly and fully covered by relevant professional indemnity insurances, including against risks of misconduct and negligence.
Copy link27(2)Copy link
2.When using internal testers, financial entities shall ensure that, in addition to the requirements in paragraph 1, the following conditions are met:
27(2)(a)
(a)such use has been approved by the relevant competent authority or by the single public authority designated in accordance with Article 26(9) and (10);
Copy link27(2)(b)
(b)the relevant competent authority has verified that the financial entity has sufficient dedicated resources and ensured that conflicts of interest are avoided throughout the design and execution phases of the test; and
Copy link27(3)Copy link
3.Financial entities shall ensure that contracts concluded with external testers require a sound management of the TLPT results and that any data processing thereof, including any generation, store, aggregation, draft, report, communication or destruction, do not create risks to the financial entity.