EBA consults on draft technical standards on complaints handling procedures under the Markets in Crypto-Assets Regulation

EBA has published a Consultation Paper on draft RTS for complaints handling procedures for issuers of ARTs under MiCAR. The purpose of these draft RTS is to ensure prompt, fair, and consistent handling of complaints by holders of ARTs and other interested parties.
The EBA is working closely with ESMA to develop these draft RTS, which will specify the requirements, templates, and procedures for handling complaints received from ART holders and other parties, including consumer associations representing ART holders. It will also include procedures to handle complaints involving third-party entities.
The proposed draft RTS includes definitions of complaints and complainants, requirements related to complaints management policy and function, provision of information to ART holders and other interested parties, investigation procedures, communication of investigation outcomes to complainants, and specific provisions for complaints handling involving third-party entities.
The proposed requirements are based on existing JC Guidelines on complaints handling (eventid=10737), which apply across the banking, insurance, and investment sectors. Where additional requirements are needed beyond the JC Guidelines, the approach proposed by ESMA for complaints handling procedures for CASPs under MiCAR has been considered to ensure consistency.
The draft RTS will be subject to review and approval by the EC, EP, and the Council before being published in the OJ of the EU.