Art. 6 Complexity and risk considerations | RTS on continuity and regularity | MiCA

1. When establishing the business continuity policy, including the plans, procedures and measures, crypto-asset service providers shall take into account elements of increased complexity or risk, including:
  1. the type and range of crypto-asset services offered;
  2. the extent to which the services of the crypto-asset service provider rely on permissionless distributed ledger;
  3. the potential impact of any disruptions on the continuity of the crypto-asset service provider’s activities and availability of its services.
1. For the purposes of paragraph 1, crypto-asset service providers shall conduct a self-assessment of the scale, the nature, and range of their services annually. Crypto-asset service providers shall base that self-assessment on the criteria set out in the Annex and any other criteria that the crypto-asset service provider considers relevant.

To avoid disproportionate administrative burden for small and medium-enterprises and start-ups, crypto-asset service providers should consider in their business continuity policy the scale, nature, and range of the services they provide. That means that crypto-asset service providers should determine their specific business continuity requirements on the basis of a robust self-assessment, based on a number of criteria that would enable them to implement a business continuity policy that is commensurate with the market impact of their services. The self-assessment should also take into account other circumstances beyond those listed in the Annex that may have an impact on the crypto-asset service provider.

Article 6 Complexity and risk considerations

Relevant recitals