With the EU’s MiCA regulation now fully in force, many companies in the DACH region are asking a simple question:

“Is Bitcoin mining or outsourcing hosting even allowed anymore – or is it now a regulated financial service?”

The short answer: Mining and bare-metal hosting are still outside MiCA’s core scope. But the way you structure your mining business or treasury matters a lot.

1. What MiCA Actually Regulates

MiCA (Markets in Crypto-Assets Regulation) was adopted in 2023 and became fully applicable in December 2024. It mainly covers:

• Issuers of:

  
  

  • Asset-referenced tokens (ARTs),

  • E-money tokens (EMTs),

  • and other crypto-assets that are not already regulated as traditional securities.

  
  

• Crypto-asset service providers (CASPs), such as:

  
  

  • custodial wallet providers,

  • trading platforms/exchanges,

  • broker/dealers,

  • portfolio managers and advisors dealing with crypto.

  
  

MiCA is about financial services around tokens – issuance, trading, custody, advice – not about running computers that secure the network. So where does that leave mining?

2. Mining and Hosting Under MiCA

Under the current text and expert commentary:

• Operating mining hardware, whether on-premise or in a hosting facility, is not classified as a CASP activity.

• Providing electricity, space, cooling and technical operations for customer-owned ASICs is generally treated as infrastructure/IT/energy service, not as a regulated crypto-asset service.

However, some business models can drift into MiCA territory, for example:

• Selling tokenised hashpower or “hashrate tokens” with tradable claims.

• Offering guaranteed return products structured like funds, where clients don’t own the hardware and simply buy a promise of yield.

• Providing custody and trading for client crypto assets as a core service.

• 
  

In those cases, you may be a CASP and need a licence under MiCA and/or BaFin/other national rules. Kryptoberg’s model is deliberately simpler:

• We sell hardware (full or fractional) and provide hosting.

• Clients own or co-own the ASICs; we do not issue tokens or tradable claims representing them.

• We operate the machines and, for Bitcoin setups, facilitate payouts in BTC to the client’s own wallet, but we are not running an exchange or brokerage.

This keeps Kryptoberg structurally closer to a datacenter + equipment provider than to an investment product — while still giving DACH clients a way to build Bitcoin exposure. (As always, exact classification depends on the final legal structure, and legal review is essential – but the direction of travel is clear.)

3. Corporate Bitcoin Treasuries Are Growing – Especially in Europe

While regulators have been defining rules, companies have quietly been buying and holding Bitcoin at scale:

• Globally, more than 140+ public companies now hold BTC as part of their corporate strategy, led by “Strategy” (formerly MicroStrategy) with almost 600,000 BTC and an average purchase price around $71,000 per coin.

• In Europe, new Bitcoin treasury companies are listing on regulated exchanges. In 2025, Dutch firm Amdax announced AMBTS, a Bitcoin treasury vehicle on Euronext Amsterdam, and a Winklevoss-backed company called Treasury N.V. is going public in Amsterdam via a reverse listing to give European investors focused BTC exposure.

These firms typically:

• Raise capital,

• deploy it into Bitcoin,

• and hold BTC as a core asset on their balance sheet.

DACH companies – from Mittelstand manufacturers to fintechs and family offices – can follow a similar logic, but with an additional lever:

Instead of only buying BTC, they can also mine it in a MiCA-safe way through partners like Kryptoberg.

4. Why Mining via Kryptoberg Fits the DACH Regulatory Moment

For a DACH company or financial institution, mining via Kryptoberg has several advantages:

1. Regulatory clarity

   
   

   • Mining and pure hosting are not CASP activities under MiCA.

   • Kryptoberg does not issue tokens, provide exchange services or operate as a broker, which keeps the structure closer to IT/energy service + hardware provision than to a regulated investment service.

   
   

2. Treasury logic that boards understand

   
   

   • Capital is deployed into hardware + hosting, not just speculative positions.

   • Each cohort of ASICs has a project-like ROI profile (often in the 2–3 year range, depending on power price, BTC price and difficulty).

   • Mined BTC flows into treasury as self-produced digital assets, which CFOs can model.

   
   

3. DACH-friendly documentation

   
   

   • Contracts, invoices and reporting can be structured in German and aligned with local tax and accounting expectations.

   • Companies can work with their auditors and tax advisors using hard data: capex, opex, and a clear record of mined BTC.

   
   

In other words:

MiCA has made life harder for unregulated “yield products” –

but it has not killed mining or prevented DACH companies from building Bitcoin treasuries with infrastructure behind them.

It has simply raised the bar on clarity and structure – which is exactly where Kryptoberg positions itself: few miners, best locations, clean contracts, and Bitcoin flowing into treasuries that are built for the long term.