ESMA_QA_2646
18/09/2025
Subject Matter
Audit frequency limitations
    As DORA requires financial entities to pre-determine the frequency of audits and inspections on the basis of a risk-based approach, are financial entities not permitted to agree on a maximum audit frequency (e.g. once per year) with their ICT third-party service providers?
    ESMA Answer
    18-09-2025

      DORA does not limit the financial entities in the way to implement the relevant audit requirements, including regarding the audit frequency. In case the contracts between the financial entities and their ICT third-party service providers would refer to a (maximum) audit frequency, the frequency shall be agreed by the financial entities (i.e., not imposed by the ICT third-party service providers) and shall not prevent the financial entities to implement the DORA audit requirements on a risk-based approach.

      Therefore, financial entities shall also ensure that the contractual arrangements grant them the ability to carry out an audit on an ad-hoc basis when they find it necessary to comply with the DORA requirements (for example, in the event of doubts regarding the proper performance of the contract), without the clause on the audit frequency preventing it. If such conditions are met, the financial entities and their ICT third-party service providers may agree on an audit frequency in their contracts.

      Status: Answer Published

      Additional Information

      Level 1 Regulation
      Regulation (EU) 2022/2554 - The Digital Operational Resilience Act (DORA)
      Additional Legal Reference
      28(6), 30(3)(e)
      Topic
      ICT third-party risk management