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Regulation & Policy · 1 min read

Cardano Foundation Urges EU Not to Expand MiCA Over DeFi and Staking

The group argued that decentralized participation and non-custodial staking should not face standalone rules, pushing back on ESMA's oversight proposals.

Editorial oversight: Julian Mercer, Chief Editor
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At a glance Open consultation

What happened
The Cardano Foundation urged the European Commission to exclude DeFi and direct staking from new standalone regulations under the MiCA regime.
Why it matters
The submission challenges ESMA's September proposals that recommended regulating DeFi access providers and staking services under expanded EU rules.
Who is affected
European DeFi protocols, crypto asset service providers, staking delegators, and EU blockchain firms.
What's next
The European Commission's evaluation of ESMA's advice and consideration of statutory amendments to MiCA.
Primary source
cointelegraph.com: Cardano Foundation urges EU against expanding MiCA rules to DeFi and staking

Key points

  • The Cardano Foundation submitted a 19-page paper urging the European Commission to avoid standalone MiCA expansions for DeFi and staking.
  • The group argued non-custodial staking, such as ADA delegation, must be regulated differently from centralized intermediaries holding client assets.
  • The policy push counters September recommendations by ESMA that sought new MiCA safeguards for staking, lending, and DeFi interface providers.

The Cardano Foundation has requested that the European Union avoid establishing new, standalone regulatory frameworks for decentralized finance and staking, according to an outline of its 19-page submission to the European Commission published on Oct. 21 1. The organization argued that existing financial statutes should oversee these operations by evaluating their underlying functions and risks rather than the software used to deliver them 1.

In the Sept. 30 submission, the group emphasized that authorities must separate direct, non-custodial user involvement in decentralized systems from intermediary services that custody or manage consumer assets 1. On the Cardano network, holders of $ADA can delegate tokens to help secure the ledger without locking assets or relinquishing custody 1. The foundation maintained that this decentralized participation requires different regulatory consideration than custodial services managed by third parties 1. At the time of writing, $ADA traded at $0.2291.

Pushing Back on Overlapping Regimes

The foundation warned that redundant obligations between the Markets in Crypto-Assets (MiCA) regulation and established EU financial frameworks risk generating jurisdictional friction and divergent enforcement across member states 1. The remarks respond directly to escalating scrutiny from European watchdogs; in September, the European Securities and Markets Authority (ESMA) proposed bringing DeFi access, staking, and lending under MiCA via new regulated service designations and distinct investor safeguards 1.

The policy push in Brussels coincides with transatlantic lobbying efforts by the group 1. On Oct. 20, the Cardano Foundation partnered with five other blockchain entities in an open letter calling on the US Securities and Exchange Commission to formally classify digital commodities as non-securities under its emerging policy framework 1.

Questions this story raises

What did the Cardano Foundation propose to the European Commission?
The foundation urged the EU not to create new standalone regulations for DeFi and staking, arguing that existing financial rules should instead govern activities based on functional risks.
How does the foundation distinguish network staking from intermediary services?
The submission highlighted that protocols like Cardano permit token holders to delegate assets to secure the network without forfeiting custody or locking tokens, unlike centralized staking services run by intermediaries.

Sources

  1. [1] Cardano Foundation urges EU against expanding MiCA rules to DeFi and staking — cointelegraph.com, October 21, 2026

Written by Basis Desk's newsroom system from the primary sources above and machine-verified against them before publication. Market figures marked "at the time of writing" come from live exchange data. Report an error: corrections@basisdesk.news · corrections policy.

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