Art. 5 Investigation of complaints | RTS on CASP complaints handling | MiCA

This article sets out how crypto-asset service providers must handle a complaint once it has been admitted.

It follows on from Article 4, which covers the acknowledgement of receipt, and focuses on the investigation phase: assessing whether the complaint is sufficiently clear and complete, gathering all relevant information, and maintaining communication with the complainant throughout the process.

The obligations are designed to ensure thorough and fair handling while protecting complainants from unnecessary information burdens.

Important points:

Assess every admissible complaint for clarity and completeness, and request any missing information needed to handle it properly.
Do not request information from the complainant that you already hold or are legally required to hold.
Keep the complainant informed of additional steps taken and respond to their reasonable information requests without undue delay.

1. Upon receipt of an admissible complaint, crypto-asset service providers shall, without undue delay after acknowledging receipt of the complaint, assess whether the complaint is clear and complete. In particular, crypto asset service providers shall assess whether the complaint contains all information required. Where a crypto-asset service provider concludes that a complaint is unclear or incomplete, it shall request any additional information necessary for the proper handling of the complaint.
1. Crypto-asset service providers shall seek to gather and examine all relevant information regarding a complaint. Crypto asset service providers shall not require from the complainant information that is already in their possession or that is legally required to be in their possession. Crypto-asset service providers shall keep the complainant duly informed about any additional steps taken to handle the complaint. Crypto asset service providers shall reply to reasonable information requests made by the complainant without any undue delay.