Data Reporting Services (Amendment) Regulations, 2024

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,323, 4 ta’ Ottubru, 2024 B 1609

L.N. 255 of 2024

FINANCIAL MARKETS ACT

(CAP. 345)

INVESTMENT SERVICES ACT

(CAP. 370)

Data Reporting Services (Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 49 of the

Financial Market Act, and article 12 of the Investment Services Act,

the Minister responsible for the regulation of financial services, acting

on the advice of the Malta Financial Services Authority, has made the

following regulations

(1) The title of these regulations is the Data Reporting Citation, scope

Services (Amendment) Regulations, 2024 and these regulations shall and

commencement.

be read and construed as one with the Data Reporting Services S.L.

Regulations, hereinafter referred to as the "principal regulations".

(2) The scope of these regulations is to implement the

requirements of Articles 62(1)(a), 62(2)(a) and 62(3)(a) of Regulation

(EU) 2022/2554 of the European Parliament and of the Council of 14

December 2022 on digital operational resilience for the financial

sector and amending Regulations (EC) No 1060/2009, (EU) No 648/

2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011.

These regulations shall come into force on the 17 th January

(3)

2025.

Sub-regulation (2) of regulation 1 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(2) The purpose of these regulations is to implement sub-

paragraphs (34), (35), (36), (36a) of Article 2(1), Article 27c,

Article 27g, Article 27h and Article 27i of MiFIR, and the

relevant provisions of Article 4 and Articles 59 to 66 of MiFID.".

In sub-regulation (1) of regulation 2 of the principal Amends

regulations, immediately after the definition "data reporting services regulation

the principal

provider", there shall be added the following new definition

regulations.

" "DORA Regulation" means Regulation (EU) 2022/2554

of the European Parliament and of the Council of 14 December

2022 on digital operational resilience for the financial sector and

amending Regulations (EC) No 1060/2009, (EU) No 648/2012,

(EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011, as

amended from time to time, and includes any binding legal

instruments, guidelines and other measures that have been or

may be issued thereunder;".

Sub-regulation (5) of regulation 8 of the principal

regulations shall be substituted by the following new sub-regulation

"(5) An APA shall comply with the requirements

concerning the security of network and information systems set

out in the DORA Regulation.".

Sub-regulation (8) of regulation 9 of the principal

regulations shall be substituted by the following new sub-regulation

"(8) A CTP shall comply with the requirements

concerning the security of network and information systems

established in the DORA Regulation.".

Sub-regulation (3) of regulation 10 of the principal

regulations shall be substituted by the following new sub-regulation

"(3) An ARM shall comply with the requirements

concerning the security of network and information systems set

out in the DORA Regulation.".

€0.09