Legal Expert (DORA Legal and Compliance) (TA AD5) (External)

Ref. : 202406TAAD5
Type of post : Temporary agent
Category and Grade : AD 5
Publication start : 09/04/2024 10:55
End of publication : 13/05/2024 23:59
Place of employment : Frankfurt am Main, Germany or Paris, France

The European Insurance and Occupational Pensions Authority (EIOPA) is an independent European Union Authority established on 1 January 2011 by Regulation (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010.

EIOPA is at the heart of insurance and occupational pensions in the EU.

Our mission is to contribute to a sound, effective and consistent level of regulation and supervision of insurance and occupational pensions sectors in Europe, and to promote transparency, simplicity and fairness in the market for consumer financial products or services across the internal market for the benefit of EU citizens. Through our activities we help protect insurance policyholders, pension scheme members, customers and consumers and other beneficiaries. We furthermore play a key role in supporting the stability of the financial system, transparency of financial markets and products, and we contribute to strengthening coordination among financial supervisors at the international level.

EIOPA is part of the European System of Financial Supervision (ESFS) which includes the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) and the European Systemic Risk Board (ESRB).

Further information on EIOPA is available on EIOPA’s website: https://www.eiopa.europa.eu/

As an European Union Authority, EIOPA is committed to fostering an inclusive and dynamic working environment, providing equal opportunities to all its employees and applicants. EIOPA is committed to ensuring gender equality and to preventing discrimination on any grounds. EIOPA actively welcomes applications from all qualified candidates from diverse backgrounds, across all abilities, without any distinction on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, marital status or family situation or sexual orientation. 

Job Purpose

The European Supervisory Authorities (ESAs: EBA, EIOPA, ESMA) are looking for establishing a talent pool to support their oversight's mandate under the DORA regulation for the position of:

LEGAL EXPERT (DORA Legal and Compliance) 

 

What is DORA?

The Digital Operational Resilience Act (i.e Regulation 2023/2554, or “DORA”) applicable from January 2025 establishes a comprehensive framework for fostering the digital operational resilience of all EU financial entities. It foresees that ICT third-party service providers who provide ICT services to financial entities and are identified as critical (critical third-party providers - CTPPs) will be subject to an oversight at the EU level to minimise the risks they expose the EU financial sector to. In practice, this oversight will be carried out by a lead overseer, which will be one of the three European Supervisory Authorities (ESAs), i.e. the European Banking Authority (EBA), the European Insurance and Occupational Pension Authority (EIOPA), or European Securities and Markets Authority (ESMA).

The Lead Overseer may request information from CTPPs, conduct off-site investigations and onsite inspections, impose penalties and issue recommendations to CTPPs. It will also cooperate with other EU institutions including ENISA (European Network and Information Security Agency) and with competent authorities within the EU. The latter will support the Lead Overseer in the conduct of oversight activities and follow-up on the recommendations of the Lead Overseer with the financial entities they supervise.

DORA requires a close cooperation between the three ESAs which will jointly carry out the CTTP oversight across the entire financial sector. Staff recruited for the DORA oversight activities will work as one team, and closely liaise with colleagues responsible for other activities at the three ESAs.

 

Why ESAs?

As part of one of the ESAs, you will contribute directly to shaping and maintaining financial stability within the European Union, at the heart of the European System of Financial supervision. Your work will have a significant impact on the regulatory framework for financial institutions and markets in the EU, ultimately safeguarding consumers and investors. You’ll have the opportunity to change perspectives, to expand your network, to benefit from an enriched experience in a multinational and multicultural environment, to develop your career, as well as new competencies. You will have the opportunity to expand your network across Europe and beyond working for the EBA, EIOPA and ESMA.

 

European Banking Authority (EBA)

EBA’s mission is to contribute to the stability and effectiveness of the European financial system through simple, consistent, transparent, fair regulation and supervision that benefits all EU citizens.

EBA’s five strategic objectives are: to finalise and implement an effective and proportionate Single Rulebook, to foster financial stability in an economy transitioning towards sustainability, to enable an integrated reporting system for enhanced assessment and disclosure, to implement the Digital Finances package with DORA oversight and MICAR supervision, and to focus on innovation for the benefit of consumers while ensuring a smooth transition of the anti-money laundering.

Further information on the EBA is available on the EBA website: www.eba.europa.eu

European Insurance and Occupational Pensions Authority (EIOPA)

EIOPA’s mission is to contribute to a sound, effective and consistent level of regulation and supervision of insurance and occupational pensions sectors in Europe, and to promote transparency, simplicity and fairness in the market for consumer financial products or services across the internal market for the benefit of EU citizens.

EIOPA helps protect insurance policyholders, pension scheme members, customers and consumers and other beneficiaries. EIOPA furthermore plays a key role in supporting the stability of the financial system, transparency of financial markets and products, and contributes to strengthening coordination among financial supervisors at the international level.

Further information on EIOPA is available on EIOPA’s website: www.eiopa.europa.eu

European Securities and Markets Authority (ESMA)

ESMA’s mission is to enhance investors’ protection and promote stable and orderly financial markets.

The Authority has published its ESMA Strategy 2023-2028 identifying for the coming years three strategic priorities: fostering effective markets and financial stability; strengthening supervision of EU financial markets; enhancing protection of retail investors; and two thematic drivers: enabling sustainable finance; and facilitating technological innovation and effective use of data.

ESMA exercises direct supervision over a number of financial markets participants, established in the EU or offering financial services in the EU from third countries.

For further information, please refer to ESMA’s website: www.esma.europa.eu

 

Place of employment – Life in the EU financial districts

Successful candidates employed by EBA or ESMA will be based in Paris, France.

Successful candidates employed by EIOPA will be based in Frankfurt am Main, Germany.

For more information regarding working conditions, please consult: 

Annex DORA Legal Expert 202406TAAD5

Paris (France)

You will live in Paris. The French capital is one of the most inspiring cities in Europe. A walkable and well-connected city with close proximity to other countries in Europe, Paris offers a vivid cultural and culinary experience with its abundance of museums, architectural richness, sparkling monuments such as the Eiffel Tower, top designer shops, and beautiful parks. The EBA and ESMA offer free access for children to the European school facilities.

Frankfurt am Main (Germany)

You will live in Frankfurt am Main, a cosmopolitan city at the centre of Europe. The open and hospitable atmosphere in Frankfurt stems from its centuries-old role as a trading centre. The city is home to many businesses and to academic and research institutions.

As major transport hub, the airport has flights to almost everywhere in the world. Major European cities such as Amsterdam, Berlin, Brussels and Paris are less than four hours away by train. Frankfurt offers a variety of cultural and sporting activities. The city has many high-profile art galleries and museum exhibitions. Festivals and other events are held along the banks of the river Main throughout the year. EIOPA offers free access to the European school in Frankfurt.

 

Main Responsibilities

  • Act as a legal expert advising on the activities of the European Supervisory Authorities (ESAs) in financial innovation and digital operational resilience, with particular focus on the oversight of critical ICT third-party service providers (CTPPs) introduced by the Digital Operational Resilience Act (DORA); 
  • Provide sound and pragmatic legal advice to ESAs policy, oversight and supervisory experts in relation to any acts and decisions drafted by the ESAs in application of DORA, identifying potential areas of legal/compliance vulnerability and risk;
  • Collaborate with other departments in relation to the legal implications that relevant laws and regulations applicable to financial entities (including financial entities subject to supervision by the ESAs), ICT service-providers and ESAs have on the activities of oversight under DORA (e.g. Network and Information Systems Directive II, Critical Entities Resilience Directive, Artificial Intelligence Act, Digital Services Act, General Data Protection Regulation/EU Data Protection Regulation, etc.);
  • Advise on legal documentation and other information provided in the context of DORA by CTPPs, financial entities or competent authorities (for example contracts, internal policies, corporate documents, minutes of relevant meetings, etc.);
  • Monitor the implementation of corrective action plans for resolution of problematic issues and provide guidance on how to avoid or deal with such issues from a legal perspective and liaise with external legal counsel, if needed;
  • Contribute to internal legal know-how on DORA oversight, e.g. tools, templates, processes; 
  • Any other tasks as required. 

Eligibility Criteria

  • Be a national of a Member State of the European Union, Norway, Iceland or Liechtenstein;
  • Be entitled to his or her full rights as a citizen [1]
  • Have fulfilled any obligations imposed by the applicable laws on military service;
  • Thorough knowledge[2]  of one of the languages of the Communities and a satisfactory knowledge[3] of another language of the Communities;
  • Be physically fit to perform the duties linked to the post[4] ;

[1] Prior to the appointment, the successful candidate will be asked to provide an official document/ certificate confirming the absence of any criminal record.

[2]At least at C1 level [3]At least at B2 level in accordance with the Common European Framework of Reference for Languages (CEFR).  

[4] Before the appointment, the successful candidate shall be examined by one of the European Union medical centres in order to confirm that the candidate fulfils the requirements of Article 12(2) (d) of the CEOS (physical fitness to perform the duties).

Essential Skills and Knowledge

  • Qualification: a level of education which corresponds to completed university studies, attested by a diploma, in Law, preferably acquired in a Member State of the European Union when the normal period of university education is three years or more;
  • Knowledge (as evidenced by education or experience) related to at least two of the fields: intellectual property, confidentiality and data privacy requirements, litigation and/or corporate investigations, cybersecurity;
  • Excellent command of oral and written English (C1 level). 

Desirable Skills and Knowledge

  • Proven knowledge and/or experience on advising EU financial services institutions (or ICT service providers to EU financial services institutions) in relation to the compliance to requirements relating to ICT Risk and security, ICT outsourcing, cybersecurity;
  • Proven knowledge and/or experience in the area of financial innovation;
  • Proven knowledge of a third EU language (B2 level).

Behavioural Competencies required

The following behavioural competencies have to be fulfilled:

  • Flexibility in terms of openness to taking over other tasks within EIOPA in view of the dynamic and evolving institutional environment;
  • Excellent team player sharing relevant information and supporting team members, able to work in different teams with different levels of stakeholders in a multicultural environment;
  • Being able to have and express a critical view towards own performance and open to learn from experience;
  • Strong legal analytical skills;
  • Strong negotiation skills;
  • Excellent interpersonal skills to effectively communicate verbally and in writing;
  • Ability to handle complex matters and projects with diverse levels of stakeholders;
  • Ability to work under pressure and tight deadlines; pro-active and self-organised individual;
  • Integrity.  

Contractual conditions

For more information on Working Conditions, Inter-agency mobility, Equity, Diversity and Inclusion, Ethics Obligations see 

Annex DORA Legal Expert 202406TAAD5

Recruitment procedure

The three ESAs are running the recruitment procedure jointly, with representatives from each ESA in the Selection Committee, and EIOPA is the leading Authority for this call.

The recruitment process will include remote pre-screening exercise, remote written test and a remote panel interview. 

The online application form should be submitted in English language.  
(1) Curriculum Vitae clearly indicating (among all):

  • Qualifications (please list exact dates of your academic qualifications gained)
  • Responsibilities, experience and skills gained in previous positions (please list exact dates of your work experience gained)
  • Nationality/Citizenship
  • Language skills

(2) Motivation explaining why you are interested in the post and what would be your added value you would bring to the ESAs if selected.

Applications submitted without Curriculum Vitae or Motivation Statement are not considered.
Only information included in the Curriculum Vitae or in the Motivation Statement are assessed.

Applicants will be assessed on the basis of the eligibility and selection criteria specified in the vacancy notice and these must be met by the closing date of the vacancy notice. 

Vacancy Notice publication start date: 9 April 2024

Application Deadline: 13 May 2024 23:59 CET

Applications after the deadline are not considered. 

Candidates, while applying for this call, shall indicate in their motivation statement their preference, if any, to the preferred place of employment (Paris, France or Frankfurt am Main, Germany).

Indicative Start Date: 

Starting from Q3 2024, recruitments will continue until end of 2025

Reserve list
Possibility of reserve list with validity until 31 December 2025, with possibility of extension.

Data protection
Candidates’ personal data shall be processed in accordance with Regulation (EU) 2018/1725 . Pursuant to Article 28 of Regulation (EU) 2018/1725, the ESAs qualify as joint controllers for some aspects of this recruitment procedure.
For more information on how personal data will be processed, candidates are invited to consult: 

Privacy Statement - ESAs Joint Recruitment 

For more information on the selection process of temporary agents and on the contractual and working conditions, please, refer to: 

Apply online
This website uses cookies to ensure that we give you the best experience on our website. If you continue we assume that you consent to receive all cookies on all websites.
For further information, please click here >>.