Staff Competence Becomes a Supervised Standard Under MiCA from 28 July
The European Securities and Markets Authority's guidelines on the knowledge and competence of CASP staff take effect on 28 July, and the regulator has just published a compliance table confirming which national competent authorities intend to apply them. For firms that spent the past year focused on authorisation, this marks the point where staff-level compliance becomes something supervisors actively check.
The guidelines were developed under Article 81(15) of MiCA, giving effect to the obligations in Articles 68(5) and 81(7). They set out the standard CASPs must meet when staff give clients information or advice about crypto-assets or crypto-asset services.
What the guidelines require
The framework distinguishes between two tiers of staff. Those providing information to clients need a solid grasp of the crypto-assets and services on offer, the associated risks, the costs involved, and how the crypto-asset market functions. Those giving advice carry a higher bar, extending to suitability-related knowledge, including the ability to assess a client's objectives, financial situation, knowledge and experience.
The guidelines apply equally where information or advice is delivered through automated or semi-automated channels. In those cases, the standard falls on the staff responsible for the content those systems deliver.
The organisational layer
CASPs carry ongoing obligations beyond the initial assessment of staff. The management body must review the policies and procedures designed to ensure compliance at least annually and address any deficiencies it identifies. Firms are expected to maintain records that demonstrate staff competence on request from their national competent authority.
Where supervision stands
ESMA guidelines operate through a comply-or-explain mechanism under Article 16(3) of the ESMA Regulation. National competent authorities notify ESMA whether they comply, intend to comply, or do not intend to comply, and give reasons where they fall into the latter category. ESMA published its compliance table for these guidelines on 7 July, giving firms a clear read on regulatory expectations as the application date approaches.
ESMA's guidelines document states the application timing as six months from the date of publication in all official EU languages, with that publication dated 28 January 2026.
What this means for CASPs
Authorisation confirmed a firm's organisational framework at a point in time. These guidelines test whether the people delivering client-facing services meet a defined standard, continuously, from the date of application onward.
With less than two weeks remaining before the guidelines apply, the practical priorities are clear: identifying which staff fall into the information or advice tier, mapping their existing qualifications and experience against the criteria, and putting a documented assessment and training process in place ahead of the 28 July deadline.
Learn more about the ESMA guidelines on the knowledge and competence of CASP staff: https://www.esma.europa.eu/sites/default/files/2026-01/ESMA35-24871704-2922_Guidelines_for_the_criteria_on_the_assessment_of_knowledge_and_competence_under_MiCA.pdf
