Key Changes to Malta’s Rulebooks in Preparation for DORA Implementation
As the date of application of Regulation (EU) 2022/2554 (the “DORA Regulation”) and Directive (EU) 2022/2556 (the “DORA Amending Directive”) is drawing closer (17th January, 2025), the Malta Financial Services Authority, Malta’s single regulator for financial services (the “MFSA”), has published a Circular to inform the industry of the publication of the revised Rulebooks (regulating the conduct of operators falling within the scope of the DORA Regulation) which now transpose the relevant provisions of the DORA Amending Directive.
By way of background, the purpose of the DORA Amending Directive is to amend existing pieces of EU legislation (such as the BRRD, PSD II, MiFID II, AIFMD, and Solvency II) in such a way as to ensure that the DORA Regulation and existing EU legislation dovetail with one another in terms of the digital operational resilience requirements which will be applicable to operators in scope of the DORA Regulation as of the 17th January, 2025.
The below summarises the cross-sectoral amendments which have been made to the MFSA’s Rulebooks at this stage:
| Entity Type | MFSA Rulebook |
| Credit Institutions | Banking Rule 24 |
| Financial Institutions |
Financial Institutions Rule 01 (revised Rule yet to be published by MFSA at time of writing) |
| Investment Services Licence Holders |
Part BI: Rules applicable to Investment Services Licence Holders which qualify as MiFID Firms Part BII: Standard Licence Conditions applicable to Investment Services Licence Holders which qualify as UCITS Management Companies Part BIII: Standard Licence Conditions applicable to Investment Services Licence Holders which qualify as AIFMs |
| Collective Investment Schemes (self-managed) |
Part BII – Malta based Retail UCITS Collective Investment Schemes (for self-managed UCITS Schemes) Part B – Standard Licence Conditions applicable to Alternative Investment Funds (for self-managed AIFs) |
| Insurance Companies | Chapter 6: System of Governance |
| Institutions for Occupational Retirement Provision | Pension Rules for Occupational Retirement Schemes |
The journey towards DORA compliance is a complex task which is further compounded by the various regulatory and implementing technical standards, and guidance documents, supplementing the DORA Regulation. Ganado Advocates has a DORA-focused team of professionals who are readily available to assist with any queries relating to the application of, and requirements or implications arising under, DORA as may be applicable to your firm.
