Can financial advisers or distributors determine that a financial product referred to in Article 2(12) SFDR can satisfy a client’s sustainability preference referred to in point (c) of Article 2(7) of Commission Delegated Regulation (EU) 2017/565 or point (c) of Article 2(4) of the Commission Delegated Regulation EU) 2017/2359 based on information provided outside the SFDR financial product disclosures referred to in Chapter III-V (Articles 14-67) and Annexes II-V of the SFDR Delegated Regulation, such as the European ESG Templates (EET)?

a) Can a financial product referred to in Article 2(12) SFDR consider the principal adverse impacts of its investment decisions on sustainability factors according to Article 7(1) if the financial market participant manufacturing that product does not consider the principal adverse impacts of its investment decisions on sustainability factors under Article 4(1)(a) or 4(3)-(4) SFDR?
b) Can financial products referred to in Article 2(12) SFDR satisfy the client’s sustainability preferences pursuant to point (c) of Article 2(7) of Commission Delegated Regulation (EU) 2017/565 or point (c) of Article 2(4) of the Commission Delegated Regulation (EU) 2017/2359 in any other way than by considering the principal adverse impacts of its investment decisions on sustainability factors referred to in Article 7(1) SFDR

Hi Team,

Hope you are well!

We are a Spanish Fintech company called Toqio, our company lets you create, customize, and scale unique financial products in our platform.Please find more information below:

https://toqio.co/platform

Could you please confirm that we have to comply with DORA and also we have to send the ROI to the authorities?

Thank you in advance,

Kindest regards,

Ester

The DORA law states that ICT third-party service providers must fully cooperate during onsite inspections and audits conducted by competent authorities, the Lead Overseer, the financial entity, or an appointed third party.
Will these audits be conducted the same way if the provider is located outside Europe,

Can you confirm our understanding of the DORA law: an intra-group entity providing services to a financial entity is subject to the same obligations as a non-critical third-party provider. This includes requirements related to contractual arrangements, provisions for critical functions, exit strategies and termination conditions, information registry, reporting to competent authorities, and pre-contractual assessments. Additionally, if the services involve critical or important functions, further requirements apply, such as TLPT tests and audits by competent authorities.