Wikilix

EU MiCA Review Puts DLT Prediction Markets Under Regulatory Spotlight

The European Commission has opened a targeted consultation on whether DLT-based prediction markets should fall under MiCA or MiFID II. The move follows growing enforcement actions across Europe and marks the first formal EU-level effort to design a specific framework.

Wikilix Editorial Team

Author

3 min read
Market performance chart Q1 2026

The European Commission has launched a targeted consultation on the review of the Markets in Crypto-Assets Regulation (MiCA), explicitly raising for the first time whether DLT-based prediction markets should be brought inside the European Union’s regulatory framework and, if so, under which regime. The consultation opened on May 20, 2026, and its deadline, initially set for August 31, has been extended to September 30, 2026.

The consultation forms part of the Commission’s preparation of a mandated report to the European Parliament and the Council, due by June 30, 2027, under Articles 140 and 142 of MiCA. The document highlights prediction markets alongside DeFi, staking, lending, NFTs, perpetual futures, and tokenized deposits as fast-growing activities that currently fall outside MiCA’s scope.

Regulatory Options: MiCA or MiFID II

The core policy question posed in the consultation is whether DLT-based prediction markets and crypto perpetuals should be regulated under MiCA or under MiFID II, the EU’s more stringent framework for traditional financial instruments. This choice will shape how such products are classified, supervised, and offered across the bloc.

Regulatory pressure on prediction markets has been intensifying. On July 3, 2026, the European Securities and Markets Authority (ESMA) issued a public statement clarifying that event contracts whose underlyings fall within Annex I of MiFID II qualify as financial instruments. As a result, they are captured by existing national prohibitions on the marketing, distribution, or sale of binary options to retail clients.

Enforcement Actions and Market Growth

The consultation follows a period of notable enforcement and market expansion. Combined monthly volume on the prediction market platforms Kalshi and Polymarket reached $44.8 billion in June 2026. At the same time, national authorities have escalated actions against these platforms.

In March 2026, Portugal ordered internet service providers to block access to Kalshi and Polymarket. Spain opened sanction proceedings against both platforms in May 2026 for operating without gambling licenses. In mid-June 2026, gambling regulators from Belgium, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain, and Switzerland issued a joint declaration pledging coordinated enforcement against unlicensed prediction-market platforms.

From Enforcement to Rulemaking

The MiCA review consultation marks the first formal acknowledgment from Brussels that the regulatory gap around DLT-based prediction markets should be addressed through deliberate rulemaking rather than solely through national enforcement actions. With the consultation now closing on September 30, 2026, the current extension represents the final opportunity for industry participants to provide input before the Commission drafts its report and potential legislative proposals.

Share this article:
Back to All News

Frequently Asked Questions

Common questions about this article

Gambling regulators from Belgium, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain, and Switzerland signed a joint declaration to coordinate enforcement.
The consultation closes on September 30, 2026, after an extension from the original August 31 deadline.
ESMA stated that event contracts whose underlyings fall within MiFID II Annex I are financial instruments and fall under national binary options prohibitions for retail clients.
The consultation asks whether DLT-based prediction markets and crypto perpetuals should be regulated under MiCA or under MiFID II.

Comments & Reviews

0 entries

Nothing on the record yet

Be the first to share what happened.