Article 3 Conflits d’intérêts susceptibles de porter préjudice aux clients

Article 3 complements Article 2 by shifting the focus from internal conflicts within the crypto-asset service provider itself to conflicts that arise specifically in the context of serving clients.

Where Article 2 deals with identifying conflicts that may affect the provider's own objectivity and impartiality, Article 3 sets out the criteria crypto-asset service providers must consider when identifying conflicts of interest that could damage client interests.

In essence, it provides a checklist of scenarios that signal a potential misalignment between the provider's (or a connected person's) interests and those of the client.

Important points:

• Identify conflicts of interest that could damage client interests by assessing whether the crypto-asset service provider or any connected person stands to gain financially or otherwise at a client's expense.
• Consider whether the provider has a divergent interest in the outcome of a service, an incentive to favour one client over another, or carries out the same business as a client.
• Consider receipt of third-party inducements, whether monetary or non-monetary, as a potential source of conflict when providing services to clients.