The Cardano Foundation urges the European Union not to extend MiCA regulations to DeFi and staking

The Cardano Foundation calls on the European Union not to introduce new independent regulatory rules for DeFi and staking, advocating that existing financial laws should regulate based on the function and risk of activities rather than the technology used. The foundation outlined its 19-page opinion submitted to the European Commission on September 30 in a blog post released on Wednesday, urging a distinction between direct participation in decentralized networks and financial services provided by intermediaries, especially those involving the custody or control of user assets. The foundation stated that regulation should follow the substance of the activity, the functions performed, and the risks generated, rather than the technology relied upon to conduct the activity.

The foundation pointed out that Cardano users can delegate native ADA tokens to help secure the network without relinquishing custody or locking up tokens, and this form of direct participation should be treated differently from staking services operated by intermediaries. The opinion also calls for a clearer distinction between the EU MiCA regulations and existing financial laws, warning that overlapping regulatory requirements and inconsistent interpretations among member states could create uncertainty for crypto businesses.

This move comes as EU regulators consider expanding oversight of crypto services. In September, the European Securities and Markets Authority suggested adding additional safeguards for staking and lending activities and establishing a new category of regulated services for companies providing access to DeFi protocols. Additionally, the Cardano Foundation, along with five other blockchain organizations, sent a joint letter to the U.S. Securities and Exchange Commission on October 20, urging it to formally recognize digital commodities as non-securities under the proposed crypto framework.