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Opinion

Why MiCA sets a higher bar than the industry admits

This is an opinion piece by our regulation editor. Since MiCA took full effect, the industry has mostly complained about costs and paperwork. I understand the frustration, but it misses the point: MiCA fixes a problem the industry could not fix itself. Not investment advice, just a clear position.

Joris Vandenbroucke
Joris Vandenbroucke

Redacteur regelgeving · Gent

Published 2026-01-14T08:00:00.000Z · reviewed 2026-01-20T09:30:00.000Z

This is an opinion piece. It reflects the author's view and is not investment advice.

Self-regulation had its chance

For years the crypto industry promised that self-regulation would be enough: seals of approval, trade bodies, voluntary codes of conduct. In practice, major platforms kept operating under minimal oversight, with inconsistent reserve disclosures and unclear separation of client funds. Collapses of large platforms exposed how few real guarantees users actually had.

This is not a criticism of individual entrepreneurs but a structural consequence of a market without enforceable rules. Regulators could do little without a European framework. MiCA changes that starting point fundamentally: licensing, capital requirements and liability are now enforceable rather than optional.

What MiCA actually requires

Crypto service providers must obtain a licence from a national regulator, keep client funds segregated from company assets, and publish a whitepaper for new tokens. Stablecoin issuers face stricter reserve requirements, including periodic review by an independent auditor.

For users this means more clarity about who plays which role: an exchange, a custodian, or an intermediary. That sounds dull, but this separation of roles prevents one party from simultaneously holding your money, trading with it, and influencing the price.

  • Licensing requirement for exchanges and custodians
  • Segregated custody of client balances
  • Mandatory whitepaper for new token issuance
  • Stricter reserve requirements for stablecoins

The criticism has a point

Smaller firms rightly point to compliance costs: legal advice, reporting obligations and longer timelines to launch products. Some innovative projects choose to launch outside Europe, which in the short term can cut off European users from certain services.

Not every part of MiCA is sharply defined either. The treatment of DeFi protocols and fully decentralised platforms remains vague, leading regulators in different member states to interpret it differently. That undermines the promise of a single European market.

Why the balance still tips positive

Despite that criticism, the gain in consumer protection outweighs the administrative burden, especially for retail users who often cannot judge how financially sound a platform is. A licensing requirement forces platforms to actually disclose that information.

A single European framework also gives large players less room to play member states against each other. Previously, a provider could shop for the country with the loosest oversight. MiCA makes that harder, which over time raises the quality of supervision across the Union.

What I would advise the industry

Rather than continuing to hammer on the burden, the industry would benefit from actively helping to fill the vague spots in MiCA, particularly around DeFi. That is a better strategy than waiting for regulators to fill the gaps unilaterally.

For users the message stays simple: a licence is no guarantee against losses from price swings, but it is a signal that a provider meets minimum standards. That distinction is worth repeating.

Frequently asked questions

Is this article investment advice?

No. This is an editorial opinion piece about regulation, not advice to buy, sell or invest.

Does MiCA protect against price losses?

No, MiCA governs licensing, transparency and custody of funds, not the value of crypto assets themselves.

Does MiCA cover all crypto services?

MiCA mainly targets centralised providers; fully decentralised protocols still fall under it only to a limited extent.

About the author

Joris ontleedt MiCA, DORA en de Europese wetgevingsmachine. Hij houdt de regelgevingsradar van Block #9 bij en spreekt wekelijks met toezichthouders en juristen.

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