Article 52Criminal penalties
1. Member States may decide not to lay down rules for administrative penalties or remedial measures for breaches that are subject to criminal penalties under their national law.
2. Where Member States have chosen to lay down criminal penalties for breaches of this Regulation, they shall ensure that appropriate measures are in place so that competent authorities have all the necessary powers to liaise with judicial, prosecuting, or criminal justice authorities within their jurisdiction to receive specific information related to criminal investigations or proceedings commenced for breaches of this Regulation, and to provide the same information to other competent authorities, as well as EBA, ESMA or EIOPA to fulfil their obligations to cooperate for the purposes of this Regulation.
DORA, the European Union regulation on digital operational resilience, Article 52
Criminal penalties. The article mostly governs the interface with criminal law rather than the offences themselves. Member States may decide not to lay down rules for administrative penalties or remedial measures for breaches that are subject to criminal penalties under national law. Where they choose criminal penalties, they must ensure appropriate measures are in place so that competent authorities have the necessary powers to liaise with judicial, prosecuting or criminal justice authorities within their jurisdiction, to receive specific information about criminal investigations or proceedings commenced for breaches, and to provide the same to other competent authorities and to EBA, ESMA or EIOPA.
The practical consequence is possible variation between Member States. Whether a given breach is handled administratively or criminally is for each Member State to decide, not the Regulation, so the same breach may be treated differently in different Member States.
Text: Regulation (EU) 2022/2554, as published in the Official Journal of the European Union, from EUR-Lex. Only the Official Journal text is authentic.