DORA
EU regulation for digital operational resilience in financial sector
PIPEDA
Canada's federal privacy law for private-sector personal information.
Quick Verdict
DORA mandates ICT resilience for EU financial firms against cyber threats, while PIPEDA enforces privacy principles for Canadian businesses handling personal data. Organizations adopt DORA for regulatory compliance and systemic stability; PIPEDA for consumer trust and breach prevention.
DORA
Regulation (EU) 2022/2554 Digital Operational Resilience Act
Key Features
- Mandates comprehensive ICT risk management frameworks
- Requires 4-hour incident reporting for major events
- Enforces triennial threat-led penetration testing (TLPT)
- Oversees critical third-party ICT providers (CTPPs)
- Applies proportionality based on entity size and risk
PIPEDA
Personal Information Protection and Electronic Documents Act
Key Features
- 10 Fair Information Principles framework
- Designated privacy officer for accountability
- Meaningful consent for sensitive data
- Proportional safeguards by data sensitivity
- Breach reporting for significant harm risk
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
DORA Details
What It Is
DORA, formally Regulation (EU) 2022/2554, is an EU-wide regulation enhancing digital operational resilience for the financial sector against ICT disruptions like cyberattacks and third-party failures. Applicable from January 17, 2025, it covers 20 financial entity types and critical ICT providers, using a risk-based, proportional approach.
Key Components
- **ICT Risk ManagementFrameworks for identification, mitigation, and annual reviews overseen by management.
- **Incident ReportingClassification and notifications (4 hours initial, 72 hours intermediate, 1-month root cause).
- **Resilience TestingAnnual basic tests; triennial TLPT for critical entities.
- **Third-Party OversightDue diligence, monitoring, and ESAs supervision of CTPPs. Compliance enforced via penalties up to 2% global turnover; no formal certification.
Why Organizations Use It
Legally mandated for EU financial entities (~22,000) to mitigate systemic risks, ensure business continuity, avoid fines, build stakeholder trust, and harmonize rules across 27 states amid rising threats like ransomware (74% affected).
Implementation Overview
Gap analyses, framework development, tool adoption, testing programs, and reporting setup. Proportional to size/complexity; targets large banks to fintechs. Ongoing ESAs oversight; prepare via RTS/ITS batches for 2025 deadline.
PIPEDA Details
What It Is
PIPEDA (Personal Information Protection and Electronic Documents Act) is Canada's federal privacy regulation governing private-sector organizations in commercial activities. Enacted in 2000, it protects personal information—any data about identifiable individuals—via national standards. Its principles-based approach uses 10 Fair Information Principles in Schedule 1, derived from CSA Model Code, balancing business needs with privacy rights.
Key Components
- **10 Fair Information PrinciplesAccountability, identifying purposes, consent, limiting collection/use/retention, accuracy, safeguards, openness, individual access, challenging compliance.
- Flexible framework, no fixed controls; emphasizes data minimization, safeguards, and rights.
- Overseen by Office of the Privacy Commissioner (OPC); no formal certification, but audits and court enforcement.
Why Organizations Use It
- Mandatory compliance avoids OPC investigations, fines up to CAD $100,000, reputational harm.
- Builds consumer trust, mitigates breach costs, enables competitive advantage in digital economy.
- Enhances risk management, operational efficiency via governance and training.
Implementation Overview
- Phased: gap analysis, appoint privacy officer, policies/PIAs, controls/training, audits.
- Applies to commercial activities, cross-border/FWUBs; exemptions for some provincial laws.
- Self-managed with OPC tools; 6-12 months typical for mid-size orgs.
Key Differences
| Aspect | DORA | PIPEDA |
|---|---|---|
| Scope | Digital operational resilience in finance | Personal information protection in commercial activities |
| Industry | EU financial entities and ICT providers | Canadian private sector commercial activities |
| Nature | Mandatory EU regulation with ESAs enforcement | Principles-based federal privacy law, OPC oversight |
| Testing | Annual basic tests, triennial TLPT | Audits, PIAs, no mandatory penetration testing |
| Penalties | Up to 2% global turnover fines | Up to CAD $100k fines, court orders |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about DORA and PIPEDA
DORA FAQ
PIPEDA FAQ
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