Complaint-channel source file
Track the competent-authority complaint channel URL, Member State, accepted languages, electronic or written intake route, source URL, retrieval date, and owner responsible for periodic source checks.
What Article 108 changes operationally
Complaints-handling by competent authorities: ESMA's Interactive Single Rulebook publishes Regulation (EU) 2023/1114 Article 108 with the title “Complaints-handling by competent authorities”. The public text says competent authorities shall set up procedures that allow clients and other interested parties, including consumer associations, to submit complaints about alleged infringements of the Regulation by offerors, persons seeking admission to trading, issuers of asset-referenced tokens or e-money tokens, or crypto-asset service providers.
Public Article 108 text says complaints are accepted in writing, including electronically, and in an official language of the Member State where the complaint is submitted or another language accepted by that competent authority. It also says complaint-procedure information is made available on each competent authority website, communicated to EBA and ESMA, and ESMA publishes hyperlinks to those competent-authority website sections in the Article 109 crypto-asset register.
This page is a record-preparation checklist. It is not a legal interpretation, complaint-submission instruction, supervisory-response instruction, complaint outcome prediction, provider endorsement, broker recommendation, or assurance about any firm, authority, complainant, alleged infringement, language route, Member State, website link, register entry, or fact pattern.
Article 108 competent-authority complaint channel evidence map
Complainant and subject-matter records
Preserve complainant identity category, complaint subject matter, alleged-infringement description, involved CASP or issuer name, crypto-asset or service scope, date received, and evidence-source provenance without turning the record into a legal conclusion.
Authority and register handoffs
Connect Article 108 complaint-channel records to Article 93 authority routing, Article 94 response files, Article 95 cooperation records where cross-border context exists, and Article 109 register hygiene for ESMA-published complaint-procedure hyperlinks.
Governance and remediation trail
Assign owners for triage, response coordination, legal review, complaints-policy updates, incident or conduct remediation, Article 66 client-communication links, and unresolved external-advice questions.
Broker, insurer, partner, and internal-risk diligence questions
- Source: Which competent-authority complaint-procedure page, ESMA register hyperlink, source URL, retrieval date, Member State, and language-route assumption is being relied on?
- Scope: Does the complaint relate to a CASP service, issuer activity, offeror, person seeking admission to trading, client communication, custody event, conduct issue, outsourcing dependency, or market-abuse workflow?
- Controls: Who owns complaint-channel monitoring, evidence retention, Article 94 response ownership, customer-communication review, remediation tracking, and broker/insurer/auditor context notes?
FAQ
What does MiCA Article 108 cover?
Article 108 is publicly titled “Complaints-handling by competent authorities”. Public text covers procedures for clients and other interested parties, including consumer associations, to submit complaints to competent authorities about alleged infringements of MiCA.
Why does Article 108 matter for CASP evidence packs?
Complaint channels can become an operational-risk and supervisory-response dependency. A useful evidence pack should preserve the authority route, source URL, retrieval date, language-route assumptions, subject matter, evidence owner, and handoffs to Article 93, Article 94, Article 66, and Article 109 records.
Does this page tell a CASP where or how to file a complaint?
No. This page does not choose a competent authority, file a complaint, assess an alleged infringement, predict an outcome, or provide legal/regulatory advice. It helps teams keep source-backed records for qualified legal, regulatory, competent-authority, partner, broker, insurer, auditor, or internal-risk review.