DORA
EU regulation for digital operational resilience in financial sector
HIPAA
U.S. regulation for health information privacy and security
Quick Verdict
DORA mandates ICT resilience for EU financial firms via testing and oversight, while HIPAA enforces PHI privacy/security for US healthcare via risk-based safeguards and breach notifications. Financial entities comply with DORA to avoid fines; healthcare adopts HIPAA for patient trust and legal protection.
DORA
Regulation (EU) 2022/2554, Digital Operational Resilience Act
Key Features
- Harmonizes disparate national ICT rules across EU finance
- Mandates comprehensive ICT risk management frameworks
- Requires 4-hour reporting for major ICT incidents
- Enforces triennial threat-led penetration testing
- Directly oversees critical third-party ICT providers
HIPAA
Health Insurance Portability and Accountability Act of 1996
Key Features
- Risk analysis and management for ePHI safeguards
- Minimum necessary standard for PHI uses/disclosures
- Presumption-of-breach with four-factor risk assessment
- Direct liability and BAAs for business associates
- Individual rights to PHI access and amendments
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
DORA Details
What It Is
Digital Operational Resilience Act (DORA), Regulation (EU) 2022/2554, is an EU regulation strengthening ICT resilience in finance against disruptions like cyberattacks. Applicable January 17, 2025, to 20 financial entity types and CTPPs, it uses risk-based, proportional approaches for proactive management.
Key Components
- **ICT Risk ManagementFrameworks for identifying, mitigating risks; annual reviews.
- **Incident Reporting4-hour alerts, 72-hour updates for major events (>5% impact).
- **Resilience TestingAnnual basics, triennial TLPT.
- **Third-Party OversightDue diligence, ESA supervision of critical providers. Overseen by management body; integrates info sharing.
Why Organizations Use It
Mandated to avoid 2% turnover fines; counters 74% cyber risks. Harmonizes EU rules, enhances resilience post-outages like CrowdStrike, builds trust, drives tool innovation.
Implementation Overview
Gap analyses against 2024 RTS/ITS; develop policies, testing plans. Proportional by size—large evolve EBA frameworks, SMEs prioritize basics. EU financial focus; ESA oversight, no certification.
HIPAA Details
What It Is
Health Insurance Portability and Accountability Act (HIPAA) is a U.S. federal regulation establishing national standards to protect individuals’ protected health information (PHI). It governs covered entities (health plans, providers, clearinghouses) and business associates via Privacy Rule, Security Rule, and Breach Notification Rule. Employs a risk-based, flexible approach emphasizing governance over prescriptive tech.
Key Components
- **Privacy RulePermitted uses/disclosures, minimum necessary, patient rights.
- **Security RuleAdministrative, physical, technical safeguards for ePHI.
- **Breach Notification RuleTimely reporting of unsecured PHI breaches. Seven pillars including scope, BA governance, enforcement; no formal certification, compliance via documentation and OCR audits.
Why Organizations Use It
- Mandatory for healthcare; avoids OCR penalties up to millions.
- Mitigates breach risks, ensures data flows for care/operations.
- Builds patient trust, enables vendor ecosystems, supports cyber resilience.
Implementation Overview
Phased: risk analysis, policy/training/BAAs, safeguards deployment, continuous monitoring. Applies to U.S. healthcare entities of all sizes; enforced by HHS OCR audits/settlements. (178 words)
Key Differences
| Aspect | DORA | HIPAA |
|---|---|---|
| Scope | Digital operational resilience against ICT disruptions | Privacy, security, breach notification of health information |
| Industry | EU financial entities and critical ICT providers | US healthcare providers, plans, clearinghouses, associates |
| Nature | Mandatory EU regulation with ESA enforcement | Mandatory US regulation with OCR enforcement |
| Testing | Annual basic tests, triennial TLPT for critical entities | Risk analysis, periodic audits, no mandatory penetration testing |
| Penalties | Up to 2% global turnover or €5M for individuals | Up to $50K per violation, tiered by culpability |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about DORA and HIPAA
DORA FAQ
HIPAA FAQ
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