In this act Article 8 of 13

Article 8 — Major incidents

Financial servicesLevel 2RTSDORAIn forceOfficial source

1.An incident shall be considered a major incident for the purposes of Article 19(1) of Regulation (EU) 2022/2554 where it has affected critical services as referred to in Article 6 and where either of the following conditions is fulfilled:

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8(1)(a)

a)the materiality threshold referred to in Article 9(5), point (b), is met;

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8(1)(b)

b)two or more of the other materiality thresholds referred to in Articles 9(1) to (6) are met.\

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8(2)

2.Recurring incidents that individually are not considered a major incident in accordance with paragraph 1 shall be considered as one major incident where they meet all of the following conditions:

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8(2)(a)

a)they have occurred at least twice within 6 months;

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8(2)(b)

b)they have the same apparent root cause as referred to in Article 20, first subparagraph, point (b) of Regulation (EU) 2022/2554;

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8(2)(c)

c)they collectively fulfil the criteria for being considered a major incident set out in paragraph 1.\

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Financial entities shall assess the existence of recurring incidents on a monthly basis.

This paragraph does not apply to microenterprises and to financial entities listed in Article 16(1) of Regulation (EU) 2022/2554.