Skip to main content Accessibility help
×
Hostname: page-component-6bf8c574d5-mcfzb Total loading time: 0 Render date: 2025-03-05T16:47:39.088Z Has data issue: false hasContentIssue false

3 - Cryptoasset Regulation in the System of EU Financial Law

Published online by Cambridge University Press:  28 February 2025

Dirk Zetzsche
Affiliation:
University of Luxembourg
Jannik Woxholth
Affiliation:
University of Luxembourg
Get access

Summary

The Markets in Crypto-Assets (MiCA) Regulation has become a pressing matter amid various financial scandals related to cryptoassets. With several EU Member States in the process of adopting their own cryptoasset legislation, MiCA provides a harmonised approach for the European Single Market. Following a principle of “technology neutrality”, MiCA applies only to cryptoassets that are not covered by other EU financial law, except for e-money tokens (EMTs) to which both MiCA and the E-money Directive (EMD) apply. Hence, MiCA is a piece of “gap-filling” legislation that relies heavily on concepts from conventional EU financial law: cryptoassets similar to MiFID financial instruments and other “investment assets” are subjected to rules similar to those of MiFID and the Prospectus Regulation (PR), while cryptoassets similar to “banking assets” are subjected to rules similar to the Capital Requirements Directive (CRD) and EMD. In sum, this creates a legal framework where the risks inherent in the different types of cryptoassets are accounted for and mitigated, but where the difficult question of classifying cryptoassets into legal categories becomes all-important.

Type
Chapter
Information
The EU Law on Crypto-Assets
A Guide to European FinTech Regulation
, pp. 30 - 39
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×