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Article 22 - Security

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 Council12are 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.

  1. 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 ). ↩
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