Art. 5 Information to be exchanged in relation to the prevention and prohibition of market abuse involving crypto-assets | RTS on competent authority information exchange | MiCA

This article addresses the information that competent authorities must share with one another when investigating potential market abuse in the crypto-asset space.

It connects directly to Title VI of Regulation (EU) 2023/1114, which covers market abuse offences, and operationalises that framework by specifying what information must flow between authorities when suspicions of insider dealing, unlawful disclosure of inside information, or market manipulation arise.

The types of information covered range from transaction and order records held by crypto-asset service providers to suspicious transaction reports and any supporting evidence.

Important points:

Competent authorities are required to exchange information on suspicions of insider dealing, unlawful disclosure of inside information, and market manipulation when investigating these offences.
The information to be shared includes records of crypto-asset services and transactions, trading platform order data, and suspicious transaction reports filed under Article 92(1) of Regulation (EU) 2023/1114.
Competent authorities are also required to share any other information necessary for cooperation in investigation, supervision, and enforcement activities under Title VI of Regulation (EU) 2023/1114, making the scope of this obligation broad.

Where necessary for the purpose of investigation, supervision and enforcement, competent authorities shall exchange information concerning suspicions of insider dealing as referred to in Article 89 of Regulation (EU) 2023/1114, of unlawful disclosure of inside information as referred to in Article 90 of Regulation (EU) 2023/1114, or of market manipulation as referred to in Article 91 of Regulation (EU) 2023/1114, including:

records of crypto-asset services, activities, orders and transactions undertaken by crypto-asset service providers kept pursuant to Article 68(9) of Regulation (EU) 2023/1114;
data relating to all orders in crypto-assets advertised through the systems of a crypto-asset service provider operating a trading platform kept pursuant to Article 76(15) of Regulation (EU) 2023/1114;
reports of suspicious orders or transactions as referred to in Article 92(1) of Regulation (EU) 2023/1114;
any relevant indications or evidence supporting such suspicions;
any other information necessary for cooperating in investigation, supervision and enforcement activities relating to Title VI of Regulation (EU) 2023/1114.