Source: OJ L, 2025/300, 31.3.2025

Current language: EN

Article 5 Information to be exchanged in relation to the prevention and prohibition of market abuse involving crypto-assets


Where necessary for the purpose of investigation, supervision and enforcement, competent authoritiesmeans one or more authorities:designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens; shall exchange information concerning suspicions of insider dealing as referred to in Article 89 of Regulation (EU) 2023/1114, of unlawful disclosure of inside information as referred to in Article 90 of Regulation (EU) 2023/1114, or of market manipulation as referred to in Article 91 of Regulation (EU) 2023/1114, including:

  1. records of crypto-asset servicesmeans any of the following services and activities relating to any crypto-asset:providing custody and administration of crypto-assets on behalf of clients;operation of a trading platform for crypto-assets;exchange of crypto-assets for funds;exchange of crypto-assets for other crypto-assets;execution of orders for crypto-assets on behalf of clients;placing of crypto-assets;reception and transmission of orders for crypto-assets on behalf of clients;providing advice on crypto-assets;providing portfolio management on crypto-assets;providing transfer services for crypto-assets on behalf of clients;, activities, orders and transactions undertaken by crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; kept pursuant to Article 68(9) of Regulation (EU) 2023/1114;

  2. data relating to all orders in crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; advertised through the systems of a crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; operating a trading platform kept pursuant to Article 76(15) of Regulation (EU) 2023/1114;

  3. reports of suspicious orders or transactions as referred to in Article 92(1) of Regulation (EU) 2023/1114;

  4. any relevant indications or evidence supporting such suspicions;

  5. any other information necessary for cooperating in investigation, supervision and enforcement activities relating to Title VI of Regulation (EU) 2023/1114.

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