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European Insurance and Occupational Pensions Authority

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What is the level of engagement required for an ICT service to be considered as “support[ing] critical or important functions”?

Is the term “critical or important function” as defined in DORA to be understood as being equivalent to “critical or important functions or activities” under the Solvency II regime? If not, which functions are to be considered as critical or important for insurance companies?

Is it possible for an entity to have two different size classifications – one under DORA and one under Commission Recommendation 2002/361/EC? For example, an enterprise that employs 3 persons and has an annual turnover and/or annual balance sheet value of EUR 9 million would be considered as a medium enterprise in the DORA Regulation; whereas the same enterprise would be considered as a small enterprise under Commission Recommendation 2002/361/EC.

Can competent authorities in DORA publish decisions relating to administrative penalties and remedial measures, or can they only publish decisions on administrative penalties?

Part 1) As per previous answer, an insurance intermediary requesting to do cross-border insurance intermediation in FOS in a host-State, according to “the IDD […] shall communicate specific information […] notably the name of any insurance or reinsurance undertaking represented and the relevant insurance classes, if applicable”. What kind of ‘specific information’ is the home-State authority/regulatory body allowed to request, and what may it not (if any). For practicality, for e.g. can it request to provide the intermediary’s contract of intermediation with the mandatory Insurance undertaking (for the purpose of limiting its classes of activity in Freedom of Service), or providing its financial status, or reasons for wanting to enter another EU insurance market or its future plans thereof, or to require to compulsorily provide the name of the insurance undertaking represented –

Is there any law or rule prohibiting Private Equity funds who own an insurance company to distribute dividends prior 2 years from the purchase of the company? If yes, can you reference this rule?

With regard to S.04.04 Activity by country- location of underwriting. Previously business underwritten through FPS by the the undertaking (Ireland) into the UK was reported in 'Business underwritten in the home country, by the undertaking' C0010. Under taxonomy 2.8.0 can you confirm if this business should now be reported in 'business underwritten in the country of establishment'.

C0060 – Description of Risk(s) included in the coverage. Could you please confirm where the business interruption risk is included in the list and should be indicated if it is insured. In (22) only the contingent business interruption risk is listed separately. In the german ITS the translation of contingent business interruption is „business interruption“/Betriebsunterbrechung. Does the above definition of contingent business interruption include business interruption?

There are two products A and B with the same Product Identification, same set of LoB and the same set of Risk coverage; the only difference is in C0040 Cyber coverage in the Product indentification, Product A -> (1) Cyber Standalone Coverage, Product B -> (2) Cyber as add-on coverage but the main risk being covered. o Could you please confirm, that the two products A, B cannot be aggregated via C0040 -> (1), (2), each product should be reported using individual lines. o Could you please confirm, that the two products should have different Product Group Codes.

C0030 – Product Identification: In principle, only one item can be chosen from the list (First Party Loss, Third Party Loss, Costs and related services) to characterise the Product Identification. However, in exceptional cases and in case of reporting from Reinsurance undertakings, multiple selection is allowed. Please give a further explinatation of exceptional cases. Could you please confirm, if also data on best effort practice or estimates are allowed.