Competent-authority exchange register
Track requesting and receiving authority, Article 93 route, Article 95 cooperation records, Article 96 EBA/ESMA links where relevant, source URL, retrieval date, evidence owner, and response status.
What Article 100 changes operationally
Professional secrecy: ESMA's Interactive Single Rulebook publishes Regulation (EU) 2023/1114 Article 100 with the title “Professional secrecy”. Public Article 100 text states that information exchanged between competent authorities under MiCA that concerns business or operational conditions and other economic or personal affairs is considered confidential and subject to professional secrecy requirements.
Article 100 also describes bounded disclosure contexts, including where the competent authority states at the time of communication that information may be disclosed, where disclosure is necessary for legal proceedings, or where cases are covered by national taxation or criminal law. For CASP evidence packs, the safe operational move is a provenance and handling log, not a conclusion that any record can or cannot be shared.
This page is a record-handling checklist. It is not a legal interpretation, disclosure recommendation, supervisory-response instruction, authorisation opinion, tax or criminal-law assessment, provider endorsement, broker recommendation, or assurance about any firm, authority, information exchange, confidentiality status, legal-proceeding exception, taxation case, criminal-law case, person, communication, or fact pattern.
Article 100 professional-secrecy evidence map
Business, operational, economic, and personal-affairs tags
Classify whether exchanged material concerns business or operational conditions, economic affairs, personal affairs, client-impact assumptions, or public-register hygiene. Keep tags factual and source-linked.
Disclosure-basis and exception notes
Preserve whether the authority stated at communication time that information may be disclosed, whether a legal-proceeding dependency exists, and whether national taxation or criminal law context is being handled by qualified reviewers.
Supervisory-response handoffs
Connect professional-secrecy notes to Article 94 information request inventories, Article 98 other-authority maps, Article 109 register checks, legal-review gates, and unresolved external-advice questions.
Broker, insurer, partner, and internal-risk diligence questions
- Provenance: Which competent authorities exchanged the information, under which MiCA cooperation file, and which source URL or correspondence record supports the entry?
- Handling: Does the record contain business or operational conditions, economic or personal affairs, tax context, criminal-law context, or legal-proceeding dependencies requiring restricted access?
- Governance: Who owns confidentiality tagging, disclosure review, legal-review escalation, response status, retention, and Article 94/95/98/109 handoffs?
FAQ
What does MiCA Article 100 cover?
Article 100 is publicly titled “Professional secrecy”. Public text covers confidentiality and professional-secrecy requirements for information exchanged between competent authorities under MiCA, especially information concerning business or operational conditions and other economic or personal affairs.
Why does Article 100 matter for CASP evidence packs?
Supervisory cooperation, information requests, register updates, and other-authority maps can contain sensitive operational, economic, or personal-affairs material. A CASP evidence pack should preserve provenance, handling status, review ownership, and unresolved external-advice questions.
Does this page decide whether information may be disclosed?
No. This page does not decide disclosure status, confidentiality status, or professional-secrecy outcomes. It helps teams preserve a source-backed handling record for qualified legal, regulatory, competent-authority, partner, broker, insurer, auditor, or internal-risk review.