Source: OJ L, 2025/299, 13.2.2025Current language: EN
- Markets in crypto-assets
Crypto-asset service provider
- RTS on continuity and regularity
Article 6 Complexity and risk considerations
Summary What does Article 6 of the RTS on continuity and regularity say?
This article acts as a calibration mechanism for the business continuity policy requirements set out in earlier articles.
It requires crypto-asset service providers to tailor their business continuity policy to their own risk profile, taking into account factors that could increase complexity or risk.
Crucially, it also mandates an annual self-assessment to ensure this calibration remains current and reflective of the provider's actual operations.
Important points:
- Factor in elements of increased complexity or risk — including the types of services offered, reliance on permissionless distributed ledgers, and the potential impact of disruptions — when building your business continuity policy.
- Conduct an annual self-assessment of the scale, nature, and range of your services, using the criteria in the Annex as a baseline alongside any other criteria you consider relevant.
- The self-assessment feeds directly into how the business continuity policy is shaped, making it an ongoing obligation rather than a one-time exercise.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
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:
the type and range of crypto-asset services offered;
the extent to which the services of the crypto-asset service provider rely on permissionless distributed ledger;
the potential impact of any disruptions on the continuity of the crypto-asset service provider’s activities and availability of its services.
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.
Relevant recitals
Recital 3 Proportionality principle and self-assessment
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.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
placing of crypto-assets
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
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consensus mechanism
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operation of a trading platform for crypto-assets
Definition
crypto-asset service
- 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;
Definition
offer to the public
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providing advice on crypto-assets
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offeror
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execution of orders for crypto-assets on behalf of clients
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crypto-asset service provider
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crypto-asset
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DLT network node
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funds
Definition
client
Definition
issuer
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exchange of crypto-assets for other crypto-assets
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology
Definition
permissionless distributed ledger