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DORA & MICA Compliance

EU Digital Asset Compliance for Web3 Projects and Institutional Investors

Digital Operational Resilience Act (DORA) and Markets in Crypto-Assets Regulation (MiCA) are now the two core regulatory pillars governing digital-asset activity in the European Union. Digital Lawyers helps Web3 teams, exchanges, custodians, fintech firms, DeFi infrastructure providers, VC funds and institutional investors meet both frameworks without slowing product development or listings.

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MiCA Compliance for Token Issuers and Crypto-Asset Platforms

Table of contents
  • Understanding Which MiCA Rules Apply
  • Token Offerings and MiCA Whitepapers
  • CASP Authorisation and Operational Readiness
  • EU Passporting and Cross-Border Expansion
  • Practical MiCA Legal Support
1.

Understanding Which MiCA Rules Apply

MiCA sets EU requirements for crypto-asset offerings and services such as exchange, custody and trading. Your obligations depend on the token, your business activities and the customers you serve. Tokens qualifying as financial instruments fall under separate financial-services rules.

MiCA’s main provisions have applied since 30 December 2024, with stablecoin rules applying earlier. The maximum transition period for existing crypto service providers ended on 1 July 2026.

2.

Token Offerings and MiCA Whitepapers

Before offering a token or seeking an exchange listing, check whether you need a MiCA whitepaper and regulatory notification. Requirements and exemptions depend on the token and offering structure. Asset-referenced tokens and e-money tokens have separate issuer, authorisation and financial requirements.

We help prepare clear documentation explaining the project, token-holder rights, risks and use of funds, and align your marketing materials with those disclosures.

3.

CASP Authorisation and Operational Readiness

Providing regulated crypto-asset services generally requires CASP authorisation. Certain existing financial institutions can use a notification route for eligible services. Issuing a token alone does not automatically make your business a CASP.

Our support covers the application and the arrangements needed to operate: governance, financial safeguards, AML controls, client-asset protection, complaints handling and outsourcing. We also identify where DORA technology risk and business-continuity requirements apply.

4.

EU Passporting and Cross-Border Expansion

Once authorised and following the required notification, a CASP can provide its approved services in other EU Member States without obtaining a separate CASP licence in each country. The passport covers only the services included in its authorisation.

We help plan your target markets, prepare passporting notifications and identify any additional requirements relevant to your products and distribution model.

5.

Practical MiCA Legal Support

Digital Lawyers turns the regulatory assessment into a clear action plan. You receive a list of required documents, applications and operational changes, with priorities for your launch or expansion.

Working with local counsel where needed, we support jurisdiction selection, token classification, whitepaper preparation, CASP applications and responses to regulatory questions.

DORA ComplianceDORA Compliance for Crypto and Fintech Businesses

Table of contents
  • Understanding Whether DORA Applies
  • ICT Risk Management and Business Continuity
  • Incident Assessment and Regulatory Reporting
  • Practical DORA Legal Support
1.

Understanding Whether DORA Applies

The Digital Operational Resilience Act (DORA) has applied since 17 January 2025. It sets technology risk and resilience requirements for specified financial businesses, including MiCA-authorised crypto-asset service providers. A company’s activities and regulatory status determine whether it falls within scope.

Digital Lawyers helps establish which obligations apply to your business and where your existing policies and procedures need updating.

2.

ICT Risk Management and Business Continuity

DORA compliance means being prepared to prevent, respond to and recover from technology failures. This includes clear management responsibilities, security controls, incident procedures, backup arrangements and recovery plans. Resilience testing must reflect the business’s risks; advanced threat-led penetration testing applies to selected firms.

We work with your compliance and technical teams to document these arrangements and identify practical steps to address gaps.

3.

Incident Assessment and Regulatory Reporting

A cyberattack, cloud outage or loss of access to customer assets needs prompt assessment. Mandatory DORA reporting applies when an ICT-related incident meets the criteria for classification as major.

Our support covers incident classification, escalation procedures, reporting responsibilities and customer communications, helping your team understand what to do when disruption occurs.

4.

Practical DORA Legal Support

Digital Lawyers provides DORA gap assessments, policy drafting, ICT contract reviews and incident-reporting procedures. You receive a prioritised action plan showing what needs to change, who is responsible and which documents are required.

We coordinate with your technical specialists so that the legal documentation reflects how your systems and business actually operate.

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FAQ

What is MiCA and who does it apply to?

MiCA (Markets in Crypto Assets Regulation) is the EU framework for token issuers and crypto-asset service providers. It applies to utility tokens, asset-referenced tokens, electronic money tokens, and platforms providing custodial, trading, issuance, or advisory services.

When do MiCA obligations take effect?

Most obligations apply from 30 June 2024, including ART and EMT rules. CASP rules apply from 30 December 2024, with a transition period for existing firms until mid-2026, depending on the Member State.

What are MiCA compliance requirements for issuers?

Issuers must prepare a compliant white paper, publish risk disclosures, avoid misleading marketing, and meet governance and reserve requirements specific to the token category.

What are MiCA requirements for service providers?

Service providers must obtain a CASP licence, maintain AML and CTF controls, keep client assets segregated, and meet operational transparency standards.

How does MiCA affect token design and distribution?

MiCA influences tokenomics, white paper content, vesting mechanics, marketing strategy, user onboarding, cross-border access, and exchange listing readiness.

What is the EU passport under MiCA?

A licensed CASP in one EU Member State can operate across the entire EU. Non-compliance may result in fines, blocked token issuance, or removal from exchanges.

What is DORA and who must comply?

DORA (Digital Operational Resilience Act) is the EU framework for operational resilience of financial and crypto infrastructure. It applies to exchanges, custodians, staking providers, wallet operators, and other supporting infrastructure.

What operational obligations does DORA impose?

Firms must maintain ICT risk management, incident detection and reporting, business continuity, disaster recovery, penetration testing, third-party oversight, and incident reporting to regulators.

How does DORA relate to MiCA compliance?

Operational failures such as downtime, key loss, or staking module failures can trigger DORA reporting and create MiCA compliance issues if customer rights are affected or disclosures are inaccurate.

How can Digital Lawyers support MiCA and DORA compliance?

Digital Lawyers provides mapping of your token or platform against MiCA categories, prepares governance and disclosure documents, designs CASP-compliant structures, and implements full operational resilience frameworks including incident response, vendor risk assessments, and reporting protocols.