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Digital Operational Resilience (DORA)

dora digital operational resilience act

The litmus test for the legal sector

While the NIS2 Directive (which we covered recently) laid the groundwork for European cybersecurity, the DORA (regulation (Digital Operational Resilience Act)has arrived to ensure the cogs keep turning even when the system fails.

In the legal ecosystem, where trust is the most precious asset, digital resilience is no longer just an "IT department" issue, it has become a top-tier management priority.

Why is DORA the topic of the hour?

Today, many law firms and legal departments operate as genuine tech companies. They manage data in the cloud, leverage AI for document analysis, and rely on real-time matter management platforms.

The problem? If one of these providers fails, legal operations are left in limbo.

DORA requires financial entities (and their critical third-party providers, such as many law firms) to prove they can withstand, respond to, and recover from digital disruptions.

The 3 pillars of operational resilience

For those who follow Rolling Legal, the focus is always on modern legal management. Here are the essential points to ensure you aren't left high and dry when the regulator comes knocking:

  1. ICT Third-Party Risk: Simply having a contract is no longer enough; you need to audit. If your legal management software fails, what is your Plan B?
  2. Threat-Led Penetration Testing (TLPT): Resilience is proven by facts. The regulation encourages testing based on real-life threats to identify vulnerabilities before hackers do."
  3. Notificação de incidentes: Just like with GDPR, time is of the essence. However, the focus here shifts towards operational continuity and safeguarding the financial system.

 

In Law, as in technology, an ounce of prevention is worth a pound of cure. Operational resilience is the life insurance for any organisation’s digital reputation.

 

DORA: Practical implications for the legal sector 

Many believe that DORA is only for banks. They are mistaken.

If your legal structure provides critical services to financial entities, then you are part of the digital chain of custody.

 

ConceptWhat changes in practice?
ContractsResilience and service continuity clauses become mandatory.
GovernanceThe Board takes full legal responsibility for the ICT risk strategy.
CultureCybersecurity shifts from a "cost center" to a competitive advantage.

 

The transition from legal management to digital is a point of no return. However, being "digital" demands being resilient. 

The market is maturing rapidly, and those who ignore these standards risk being left behind on a shelf of pending files.

The question we leave for your organisation is simple: if your primary work system went offline today, how long could you hold out before the operation collapsed?

 

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