Cryptoassets Regulatory Intelligence

Netherlands (NL) · Module Detail

Netherlands: On-Chain Activity Regime

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Staking, DeFi lending, and mining/node operation remain outside binding MiCA licensing scope in the Netherlands, acknowledged as a gap by AFM leadership and EU supervisors pending a possible 'MiCA 2' framework. The European Commission is separately consulting on expanding MiCA to real-world-asset tokenisation, a proposed-stage development only.

Standing sub-brief · as of 3 August 2026291 words · last cycle 2026-10-18

On-Chain Activity Regime

On-chain activity — staking, DeFi lending, and mining or node operation — continues to sit largely outside binding MiCA licensing scope in the Netherlands, and this cycle's evidence base for the module consists entirely of negative and gap findings rather than affirmative binding requirements. Staking-as-a-service offered by entities that are not themselves authorised CASPs remains outside binding MiCA licensing scope as of 2026, despite joint EBA/ESMA findings flagging risks associated with crypto lending, borrowing and staking activity generally. The AFM's own Chair has publicly stated that MiCA does not address crypto-lending risks, an acknowledgement read here as indicating a Dutch and EU-level regulatory gap for DeFi lending specifically, pending a possible future "MiCA 2" framework that has not yet been formally proposed. Mining and node operation are likewise not captured by MiCA's CASP authorisation requirements, and no dedicated Dutch licensing or registration regime targets either activity as of 2026.

Periodic update · new data 2026-10-18

On-Chain Activity Regime

The defining development in the Netherlands' on-chain activity regime this period is the joint AFM/DNB exploratory report, published 12 October 2026, finding that Dutch law currently provides no basis for securities issued, held and transferred exclusively in native tokenised form. The gap is located specifically in Dutch property and securities law, the Burgerlijk Wetboek and the Wet giraal effectenverkeer (Wge), neither of which currently recognises a token itself as the sole legal basis of title and transfer for a security. AFM and DNB characterised this explicitly as a legal-infrastructure gap rather than a MiCA-level prohibition: it is a question of whether Dutch private law can give full legal effect to on-chain securities, not a restriction on the crypto-asset services that may be offered under MiCA.

The regulators recommended a joint follow-up process involving government and market participants to address the gap, reflecting the structural, cross-sector nature of the finding, which is as much a capital-markets infrastructure matter as a digital-asset supervisory one. In the absence of legislative clarification, market participants seeking to achieve native on-chain issuance of securities in the Netherlands must continue to rely on hybrid or dual-registration structures that layer a token representation over a conventional legal title recognised under existing law.

This finding is assessed at Confirmed confidence, reflecting its basis in a joint primary publication by both the Netherlands' conduct regulator and its prudential regulator acting together. No other on-chain activity development specific to the Netherlands was identified this period.

Outlook

The AFM/DNB recommendation for a joint follow-up process has no confirmed timetable. Whether the Dutch government pursues a legislative amendment to the Burgerlijk Wetboek and Wet giraal effectenverkeer to give on-chain securities a clear legal basis, or market participants continue relying on dual-registration structures indefinitely, is the central open question for the on-chain activity regime in the Netherlands going forward.

Sources and findings (4)
  1. T1 · EBAStaking-as-a-service by non-CASP entities — binding MiCA licensing scope in the Netherlands as of 2026, despite EBA/ESMA joint findings on crypto lending, borrowing and staking risksretrieved M3non-binding
  2. T4 · CoinDeskAFM Chair — MiCA does not address crypto-lending risks, indicating a Dutch/EU regulatory gap for DeFi lending pending a possible 'MiCA 2' frameworkretrieved M3non-binding
  3. T1 · ESMACrypto-asset mining and node operation — MiCA's CASP authorisation requirements; no dedicated Dutch licensing or registration regime targets mining or node operation as of 2026retrieved M2non-binding
  4. T4 · The BlockEuropean Commission — potentially expanding MiCA to cover tokenization of real-world assets, a prospective review that would affect future Dutch supervisory scoperetrieved M2non-bindingproposed