EU
European Union
Europe · Western Europe
Last verified: 2026-02-18
REGULATORY FRAMEWORK
Markets in Crypto-Assets Regulation (MiCA)
2024-12-30
Required
CASPs require MiCA authorization. Native BTC custody generally not regulated under MiCA.
MiCA provides comprehensive framework. Native BTC is outside MiCA scope. Wrapped BTC classification pending ESMA guidance.
BITCOIN USE-CASE STATUS
17 use cases
- Permitted1
- Restricted1
- Unclear15
| Use Case | Status | Details |
|---|---|---|
| BTC Ownership | Unclear | Native Bitcoin ownership is outside MiCA scope per Recital 7. MiCA applies to crypto-assets, not the underlying technology (Bitcoin blockchain). Ownership is not a 'crypto-asset service' under MiCA. |
| Spot Trading | Unclear | Trading of native Bitcoin is not regulated under MiCA. Spot Bitcoin trading occurs on CASP-authorized platforms under general MiCA trading rules, but native BTC itself is exempt. |
| Retail Custody | Unclear | Native Bitcoin custody falls outside MiCA scope. However, custody SERVICES by CASPs are regulated under MiCA Title V. Self-custody is not regulated. |
| Payments | Unclear | Using Bitcoin for payments is not regulated under MiCA. Bitcoin does not qualify as Electronic Money Token (EMT) as it is not issued by a legal entity claiming to maintain stable value. |
| Mining | Unclear | Bitcoin mining is outside MiCA scope. Mining is consensus mechanism validation, not a crypto-asset service. |
| Spot ETF | Unclear | UCITS eligible assets do not currently include crypto-assets. UCITS ETF for Bitcoin not available. EEA collective investment schemes face restrictions on crypto-asset holdings per ESMA guidelines. |
| Futures ETF | Permitted | Futures-based crypto ETPs available in select jurisdictions (Switzerland, Germany). EEA availability limited by UCITS/AIFM rules. |
| Wrapped BTC | Restricted | Wrapped Bitcoin products (WBTC, cbBTC, tBTC) ARE crypto-assets under MiCA and regulated. See specific asset entries for details. Native BTC backing these products is separate from the wrapped token classification. |
| BRC-20 Tokens | Unclear | BRC-20 tokens not specifically addressed in MiCA. May qualify as crypto-assets if issued by legal entity, or fall outside scope if decentralized. |
| Rune Tokens | Unclear | Runes protocol tokens not specifically addressed in MiCA. Similar analysis to BRC-20 - depends on issuance structure. |
| Ordinals / NFTs | Unclear | Unique NFTs (including Ordinals) are exempt from MiCA per Article 2(3) if truly unique and not fungible. |
| Lightning Network | Unclear | Lightning Network as Layer 2 protocol is not explicitly regulated under MiCA. LN node operators may need assessment if providing services professionally. |
| DeFi Integration | Unclear | Native Bitcoin DeFi integration (e.g., through atomic swaps, DLCs) not specifically regulated. However, services interfacing with DeFi may trigger CASP obligations. |
| Inst. Custody | Unclear | Institutional custody of native BTC falls outside MiCA scope, but custody SERVICES are regulated. Institutions may use CASP-authorized custodians or self-custody. |
| Retail Custody | Unclear | Retail custody of native BTC is not regulated under MiCA. Users may self-custody without restrictions. Exchange custody regulated under CASP framework. |
| Exchange Listing | Unclear | Native Bitcoin is not 'listed' under MiCA as it is not a crypto-asset. Exchanges trading BTC operate under CASP authorization but BTC itself is outside scope. |
| Corp. Treasury | Unclear | Corporate treasury holding of native Bitcoin is not regulated under MiCA. Corporate activities subject to general corporate and tax law, not MiCA. |
TRACKED ASSETS IN EU
Primary Regulator
European Securities and Markets Authority (ESMA)
Secondary
European Banking Authority (EBA) · European Central Bank (ECB) · National Competent Authorities (NCAs)
Data Provenance
Per European Securities and Markets Authority (ESMA) · 2026-02-18T00:00:00Z
Sources (1)
Not Legal Advice
Regulatory status is for educational purposes only. Verify with official sources before making decisions.