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Article 22 - Delegated Regulation 2020/1230

Article 22

Security

(1)   An application for registration as a securitisation repository shall contain proof of the following:

(a)

that its information technology systems are protected from misuse or unauthorised access;

(b)

that its information systems as defined in Article 2(a) of Directive 2013/40/EU of the European Parliament and of the Council (12) are protected against attacks;

(c)

that unauthorised disclosure of confidential information is prevented;

(d)

that the security and integrity of the information received by it under Regulation (EU) 2017/2402 is ensured.

(2)   The application shall contain proof that the applicant has arrangements in place to identify and manage the risks referred to in paragraph 1 in a prompt and timely manner.

(3)   With respect to breaches in the physical and electronic security measures referred to in paragraphs 1 and 2, the application shall contain proof that the applicant has arrangements in place to do the following in a prompt and timely manner:

(a)

to notify ESMA of the incident giving rise to the breach;

(b)

to provide ESMA with an incident report, indicating the nature and details of the incident, the measures adopted to cope with the incident and the initiatives taken to prevent similar incidents;

(c)

to notify its users of the incident where they have been affected by the breach.


(12)  Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, p. 8).