The Dutch Authority for the Financial Markets (AFM) said on 10 November 2026 that staking, crypto lending and certain DeFi activities are fully or partly outside the scope of the EU Markets in Crypto-Assets Regulation (MiCAR) and should be explicitly brought under appropriate regulation. The statement came in a new AFM report on consumers in the crypto market.
According to the AFM, this leaves gaps in rules on liquidity, risk management and collateral. Crypto Insiders reported that in lending, the client’s crypto becomes part of the provider’s assets and the client holds only a claim, so MiCAR safekeeping rules do not protect the client if the provider fails. Staking has no specific MiCAR safeguards, it added.
Crypto Insiders also cited AFM survey figures: 26% of Dutch crypto holders say they stake crypto. Among those, 43% name Bitcoin and 25% name XRP, although neither can be staked directly. The report says a platform can keep up to 75% of a staking reward.
The AFM also called for stronger, more centralized European supervision, a larger role for the European Securities and Markets Authority (ESMA) and consistent application of MiCAR across the EU.
Crypto Insiders described the statement as a recommendation for the further development of EU rules, not a new law. Neither the article nor the AFM summary page gave a deadline.
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