Art. 3 Business continuity policy | RTS on continuity and regularity | MiCA

1. The business continuity policy referred to in Article 68(7) of Regulation (EU) 2023/1114 shall ensure that 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; properly address disruptive incidents or performance issues relating to the systems critical to the operation of their business functions and it shall be laid down in a durable medium.
1. 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; shall include in the business continuity policy all of the following:
  1. a specification of the scope of the business continuity policy, including its limitations and exclusions, to be covered by the business continuity plans, procedures, and measures;
  2. a description of the criteria to activate the business continuity plans, including escalation procedures up to the level of the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity;;
  3. provisions on the governance and organisation of the 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;, including, the roles and responsibilities of the staff, ensuring that sufficient resources are available for the effective implementation of the policy;
  4. provisions that ensure consistency between the business continuity plans and the ICT-business continuity plans, and ICT response and recovery plans referred to in Articles 24 and 26 of Delegated Regulation (EU) 2024/1774.