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ARTICLE · 30 JANUARY 2026

Custody Under MiCA: Who's Really In Control?

Custody has long been seen as a technical issue centred on private keys, wallet security, and infrastructure design.

MaltaTechnology

Custody has long been seen as a technical issue centred on private keys, wallet security, and infrastructure design. The EU's Markets in Crypto-Assets Regulation ("MiCA") takes crypto-custody further. It is defined by control, safeguarding, and liability, not technology alone. Crypto-Asset Service Providers ("CASPs") must balance cryptographic security with governance, compliance, and accountability.

Custody under MiCA is defined as: "safekeeping or controlling, on behalf of clients, of crypto-assets or of the means of access to such crypto-assets, where applicable in the form of private cryptographic keys". Custodians are responsible for protecting, segregating, reconciling, and recording crypto-assets accurately.

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