Article 3 Record-keeping of the crypto-asset service provider’s policies and procedures

Crypto-asset service providers should be free to determine the manner in which they keep records of relevant data relating to all orders and transactions in crypto-assets. However, consistent and comparable records on services, activities, orders and transactions are essential for competent authorities to fulfil their supervisory tasks and to take enforcement measures. In particular, competent authorities should be able to perform the same analysis on all record datasets, regardless of which crypto-asset service provider produced the record. Crypto-asset service providers should therefore provide consistent details of the records on services, activities, orders and transactions by using uniform standards where a competent authority requests such information pursuant to Article 94 of Regulation (EU) 2023/1114. For the same reasons, it is necessary to specify that the records should be maintained in a medium allowing effective supervision by competent authorities.

To ensure that competent authorities can properly supervise services provided by crypto-asset service providers, it is necessary that crypto-asset service providers keep a record of the policy arrangements and procedures put in place to comply with Regulation (EU) 2023/1114.