Source: OJ L, 2025/299, 13.2.2025Current language: EN
- Markets in crypto-assets
Crypto-asset service provider
- RTS on continuity and regularity
Article 5 Periodic testing of the business continuity plans
Summary What does Article 5 of the RTS on continuity and regularity say?
This article directly builds on Article 4, which sets out the content of business continuity plans, by establishing the requirements for testing those plans.
The core obligation is that crypto-asset service providers must regularly test their business continuity plans using realistic scenarios to verify their actual ability to recover from disruptive incidents.
The article sets out how that testing should be conducted, what factors should inform it, how results must be reported, and importantly, that testing must not disrupt the normal running of services.
Important points:
- Test your business continuity plans at least annually, informed by factors such as threat intelligence, lessons from past events, and any changes to recovery objectives or business functions.
- Document all testing results in writing and submit them to both the management body and the relevant operating units.
- Ensure that the testing process itself does not interfere with the normal conduct of services.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Crypto-asset service providers shall test the operation of the business continuity plans referred to in Article 4 on the basis of realistic scenarios. Such testing shall verify the capability of the crypto-asset service provider to recover from disruptive incidents and to resume services in accordance with Article 4(2), point (b).
Crypto-asset service providers shall test the business continuity plans annually taking into account:
the results of the tests referred to in paragraph 1;
the most recent threat intelligence;
lessons derived from previous events;
where relevant, any changes in the recovery objectives, including recovery time objectives and recovery point objectives as referred to in Article 4(2), point (b);
changes in the business functions.
Crypto-asset service providers shall document the results of the testing activity in writing, and submit them to their management body and to the operating units involved in the business continuity plans.
Crypto-asset service providers shall ensure that the testing of the business continuity plans does not interfere with normal conduct of their services.
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
Definition
consensus mechanism
Definition
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
Definition
providing advice on crypto-assets
Definition
offeror
Definition
execution of orders for crypto-assets on behalf of clients
Definition
management body
Definition
crypto-asset service provider
Definition
crypto-asset
Definition
DLT network node
Definition
funds
Definition
client
Definition
issuer
Definition
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