Rules
What is MiCA?
MiCA, short for Markets in Crypto-Assets, is the first European law regulating the crypto sector as a whole. The regulation applies directly in every member state, replacing a patchwork of national rules. For users it mainly means clearer disclosure and stricter requirements on the firms holding their money. Below we cover what MiCA regulates, what it does not, and the practical consequences.
What MiCA regulates
MiCA rests on three pillars. First, a licensing requirement for crypto-asset service providers (CASPs), covering custody, trading venues, exchange services, order execution and advice. Second, strict rules for stablecoins, split into asset-referenced tokens and e-money tokens, with requirements on reserves, redemption and supervision. Third, disclosure: anyone issuing or offering a token must publish a fair, clear and non-misleading document.
A licence from one member state passports across the whole Union. A firm licensed in the Netherlands can therefore serve customers in Belgium, Sweden, Norway or Poland without repeating the process.
- Licensing and ongoing supervision for service providers
- Reserve and redemption requirements for stablecoins
- Mandatory, non-misleading disclosure when offering tokens
What MiCA does not regulate
MiCA is not a guarantee against loss. Price risk sits entirely with the user, and there is no deposit guarantee scheme for crypto as there is for bank accounts. A licence also says nothing about the quality of a token or a project's chances of success.
Purely decentralised infrastructure without an identifiable provider largely falls outside the regulation, as do genuinely unique NFTs. Further European work is under way on those areas.
What it means for users
In practice you notice MiCA through stricter identification, clearer cost information and mandatory risk warnings. Providers must segregate client assets from their own and maintain policies on complaints, conflicts of interest and outsourcing.
For cross-border users the benefit is comparable rules across the EU. At the same time some providers have narrowed their offering or delisted tokens in order to comply.
- Client assets segregated from company funds
- Mandatory, understandable cost and risk disclosure
- Complaints procedure and liability for loss of custodied assets
Supervision and enforcement
National supervisors grant licences and supervise day to day; in the Netherlands the AFM and DNB, in Belgium the FSMA and the National Bank. The European authorities ESMA and EBA coordinate, write technical standards and directly supervise the largest stablecoin issuers.
Enforcement ranges from instructions and fines to withdrawal of a licence. Public registers show which firms are licensed, which is the most direct check a user can run.
Frequently asked questions
Does MiCA apply to my own wallet?
No. Managing your own keys without providing a service to others falls outside the licensing regime. MiCA targets firms offering services to third parties.
Are my balances safer under MiCA?
The risk of mismanagement at a provider is reduced by asset segregation and supervision, but price risk remains and there is no compensation fund for crypto.
Why did some tokens disappear from my provider?
Providers delist tokens that fail disclosure or stablecoin requirements, or that have no accountable issuer. That is a direct consequence of licence conditions.
How do I check whether a platform is licensed?
Consult the national supervisor's public register or the European overview of authorised providers, and match the exact legal name and registration number against what the platform states.
Read next
Buying crypto in the Netherlands
How to buy crypto in the Netherlands using euros, iDEAL or SEPA, which providers are MiCA-registered, and what it costs. A practical checklist, not investment advice.
Crypto and tax
Box 3 in the Netherlands, prudent-manager rules in Belgium: how crypto is taxed, which records you need and where professional trading begins.
Holding your own crypto
How to set up a self-custody wallet, store a seed phrase safely and decide when a hardware wallet is worth it. Practical guide, not advice.