Art. 7 Disclosures by the crypto-asset service provider as referred to in Article 72(2) of Regulation (EU) 2023/1114 | RTS on CASP conflicts of interest | MiCA

This article sets out the disclosure obligations for crypto-asset service providers in relation to conflicts of interest, building directly on the identification and management requirements established in Articles 2 and 3.

It defines what those disclosures must contain — covering the circumstances giving rise to conflicts, their nature, the associated risks, and the mitigation measures taken — while making clear that disclosure alone is not sufficient to manage or mitigate conflicts of interest.

Beyond content, the article also governs how, where, and in what languages disclosures must be made accessible to clients, and establishes a 5-year record-keeping obligation for all actual and potential conflicts of interest.

Important points:

Make conflict of interest disclosures available to clients at all times, in a prominent place on your website and in all formats and languages used to market your services or communicate with clients in the relevant Member State.
Disclosure is explicitly not a substitute for managing and mitigating conflicts of interest — it is an additional requirement on top of the measures covered elsewhere in this regulation.
Maintain up-to-date records of all actual and potential conflicts of interest, including the services involved and the measures taken, for a period of 5 years.

1. The disclosures made in accordance with Article 72(2) of Regulation (EU) 2023/1114 shall contain a detailed, specific and clear description of:
  1. the services, activities or circumstances giving rise, or which may give rise, to conflicts of interest as referred to in Article 2(1) and Article 3(1), including the role and capacity in which the crypto-asset service provider is acting when providing the crypto-asset service to the client;
  2. the nature of the conflicts of interest identified;
  3. the risks identified in relation to the conflicts of interest referred to in Article 2(1) and Article 3(1);
  4. the steps and measures taken to mitigate the identified conflicts of interest.
1. The disclosures referred to in paragraph 1 shall not be considered as a sufficient way to manage and mitigate conflicts of interest.
1. Crypto-asset service providers shall make available to their clients the information referred to in paragraph 1 at all times in a prominent place on their website and in formats available on any device through which the crypto-asset service is provided to the client. Where the crypto-asset service provider makes such disclosures on the relevant device, the crypto-asset service provider shall also provide a link to the same disclosures made on its website.
1. Crypto-asset service providers shall keep the information referred to in Article 72(2) of Regulation (EU) 2023/1114 updated at all times.
1. For the purposes of the disclosure referred to in paragraph 2, crypto-asset service providers shall keep up-to-date records of all situations giving rise to actual and potential conflicts of interest, including the relevant crypto-asset services or activities, and of the measures taken to prevent or manage such conflicts in the relevant situations. The records shall be kept for a period of 5 years.
1. Crypto-asset service providers shall make the disclosures available in all languages used by them to market their services and to communicate with their clients in the relevant Member State.

Article 7 Disclosures by the crypto-asset service provider as referred to in Article 72(2) of Regulation (EU) 2023/1114

Relevant recitals