European Commission Issues Ultimatum to Spain Over Digital Operational Resilience Act Compliance
The European Commission has escalated infringement procedures against Spain for failing to comply with the Digital Operational Resilience Act by the EU deadline and has also issued formal notices regarding state liability breaches.
- • The European Commission gave Spain a two-month ultimatum to comply with DORA regulations.
- • Spain is part of a group, including France and Portugal, facing legal action for missing the January 2025 deadline.
- • If non-compliance continues, the matter may be taken to the European Court of Justice with potential fines.
- • Spain also received a formal notice for failing to implement a 2022 Court ruling on state liability breaches.
Key details
The European Commission has formally issued a second-step ultimatum to Spain, demanding compliance with the Digital Operational Resilience Act (DORA) for online financial services within two months. This action continues an infringement procedure initiated in March 2023, which targets Spain, France, and Portugal for failing to implement EU-wide operational resilience standards by the January 17, 2025 deadline.
Spain faces the prospect of escalation to the European Court of Justice if it neglects to meet these requirements. The legislation seeks to establish uniform operational digital resilience standards for financial entities, including banks, insurance companies, and investment firms, addressing risks brought by the increasing digitalization of financial services.
Concurrently, the Commission has issued a letter of formal notice to Spain for failing to implement a June 2022 Court of Justice ruling concerning state liability and breaches of EU law related to Spanish legislation (Law 40/2015 and Law 39/2015). Spain has two months to respond to avoid potential sanctions such as lump-sum fines or coercive penalties.
The Commission underscored the importance of Spain's adherence, noting that non-compliance undermines uniform financial sector regulation and operational resilience across the EU. Spain must act promptly to incorporate the Court's ruling into national law and fully transpose DORA to avoid legal repercussions.
This article was translated and synthesized from Spanish sources, providing English-speaking readers with local perspectives.
Source articles (2)
Source comparison
Deadline for DORA compliance
Sources disagree on the deadline for Spain to comply with DORA regulations.
europapress.es
"The regulations were to be implemented by January."
spain.representation.ec.europa.eu
"The deadline for compliance with DORA is January 17, 2025."
Why this matters: One source states the deadline is January 2025, while the other indicates it is January 2025 without a specific date. This discrepancy is significant as it affects the urgency and timeline for compliance actions Spain must take.