Objectives:
Conducting an analysis as to whether the regulation concerning the digital operational resilience of the financial sector can be considered a sector-specific act within the meaning of Article 4 of the NIS2 Directive.

Methods:
The primary research method employed is the dogmatic-legal method, as conducting an analysis in this area necessitates, above all, the interpretation of the relevant regulations and the interrelationships between these legal acts - as well as the European Commission communication (discussed further on) issued pursuant to Article 4(3) of the NIS2 Directive. The use of the recitals from the preambles of both aforementioned EU legal acts will also play a significant role in this process.

Results:
The European legislator has explicitly determined that the NIS2 Directive does not apply to financial entities subject to DORA. For the purpose of establishing that the effects are at least equivalent, it is immaterial whether these obligations stem from the full scope of DORA or from the simplified requirements set out in Article 16 - which apply to certain entities by virtue of the principle of proportionality.

Conclusions:
Based on an analysis of the European Commission Communication issued pursuant to Article 4(3) of the NIS2 Directive, the content of the NIS2 Directive and the DORA regulation, including the recitals to these EU legal acts, as well as a comparison of the DORA provisions (including Article 16 thereof) with Articles 21(1)–(2) and 23(1)–(6) of the NIS2 Directive, it must be concluded that the DORA regulation (also with respect to the entities specified in its Article 16) should be considered at least equivalent, in terms of its effect, to the regulation set out in Article 4(1) and (2) of the NIS2 Directive.