Crypto and Blockchain Lawyer in Spain

The MiCA Regulation already applies. Does your crypto project comply with EU rules?

We advise companies and projects in crypto-assets, blockchain and decentralised finance on compliance with the MiCA Regulation, anti-money laundering rules and the tax treatment of digital assets in Spain and Europe.

Request a free initial assessment. We’ll give you an initial analysis of your project, the regulatory obligations that affect you and a tailored quote.

No commitment · We reply the same day

YEARS OF EXPERIENCE

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CLIENTS ADVISED

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PROJECTS COMPLETED

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PRACTICE AREAS

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WHAT SETS US APART

We Understand the Technology Behind the Token

We reply the same day

CRYPTO-ASSET AND BLOCKCHAIN LEGAL SERVICES

What Does Your Company Need?

Comprehensive legal advice for crypto-asset, DeFi, tokenisation and blockchain projects, adapted to the European regulatory framework.

Smart contracts and legal review

We review the legal logic of smart contracts to check that they correctly reflect the agreements between the parties. We analyse the legal risks of self-executing contracts and draft supplementary clauses to cover the situations the code cannot resolve.

Asset tokenisation projects

We advise on the legal structuring of projects that tokenise real estate, financial or other assets. We assess the regulatory classification of the token (utility, security, e-money) and prepare the legal documentation for MiCA-compliant issuances.

Regulatory compliance in blockchain environments

We design compliance programmes for platforms and projects operating in decentralised environments: DAO governance, liability of node operators, tax obligations on staking and farming, and compliance with international sanctions.

Structuring and compliance of crypto-asset services

We support exchanges, custodians, DeFi platforms and crypto-asset service providers in obtaining authorisation and complying with the MiCA Regulation, including capital, governance and client protection requirements.

Anti-money laundering and MiCA authorisation

We support you through authorisation as a crypto-asset service provider (CASP) under MiCA, which in Spain is granted by the CNMV. We design anti-money laundering policies (AML/KYC) adapted to crypto operations.

SECTORS AND COMPANIES

Does Your Project Involve Crypto-assets?

We advise companies and projects in the following sectors of the crypto and blockchain ecosystem.

SaaS and Platforms

Large-scale processing of user data

Fintech

Financial data and credit scoring

Digital Health

Clinical and patient data

eCommerce and Marketplaces

Purchase and behavioural data

Startups and Scaleups

Scaling with data from day one

PROCESS AND TIMELINES

How We Work

From the first call to compliance, in 4 steps

1 –

Initial assessment

We analyse your crypto or blockchain project: what type of token you issue or manage, in which jurisdictions you operate and which regulatory obligations affect you. Free of charge and with no commitment.

2 –

Risk assessment

We identify specific risks: the regulatory classification of the token, outstanding MiCA authorisation requirements and undeclared tax exposure.

3 –

Compliance plan

We design the legal structure of your project: regulatory white paper, terms and conditions, AML/KYC policy, contracts with infrastructure providers and the documentation for authorisation.

4 –

Ongoing support

We update your compliance strategy as MiCA rules, CNMV guidance and the tax treatment of crypto-assets evolve.

REVIEWS AND RATINGS

What Our Clients Say

Reviews from real clients and companies about our crypto-asset and blockchain law services.

Marta combines impeccable professionalism with a remarkable ability to explain complex legal concepts in simple terms...

Impeccable personal attention, availability and human touch. Broad knowledge and experience in the sector. Outstanding at solving problems. 100% recommended...

I have no words to express my sincere gratitude. Marta is a very dedicated and empathetic professional. She also works fast...

Thank you so much, Marta, for your invaluable advice. Without your knowledge of NFT technology in the art market, a new and promising field but one exposed to a lot of fraud, I would have got myself into serious trouble. Marta …

REGULATORY FRAMEWORK

Cryptocurrency and Blockchain Regulation in Spain and the EU

Regulation (EU) 2023/1114, known as MiCA (Markets in Crypto-Assets), is the first comprehensive regulatory framework for crypto-assets in Europe. It sets obligations for token issuers and crypto-asset service providers (CASPs), including authorisation, capital, governance and consumer protection requirements.

MiCA has fully applied since 30 December 2024 to crypto-asset service providers and since 30 June 2024 to asset-referenced tokens and e-money tokens (stablecoins). Providers registered with the Bank of Spain under the Spanish anti-money laundering law (Law 10/2010) could keep operating under a transitional regime until 1 July 2026. Since then, providing crypto-asset services in Spain requires MiCA authorisation.

For legal persons, MiCA requires maximum fines of at least EUR 5 million or, depending on the infringement, 3%, 5% or 12.5% of annual turnover. The 5% applies to infringements by crypto-asset service providers and the 12.5% to those by stablecoin issuers. The CNMV is the competent authority for MiCA in Spain, while the Bank of Spain supervises issuers of asset-referenced tokens and e-money tokens.

If you need authorisation as a crypto-asset service provider, our MiCA lawyer page for the CASP licence explains how we prepare the application before the CNMV.

FAQ

Frequently Asked Questions on Cryptocurrencies and Blockchain

What is the MiCA Regulation and who does it affect?

MiCA (Markets in Crypto-Assets) is Regulation (EU) 2023/1114, which regulates the issuance of crypto-assets and the provision of crypto-asset services in Europe. It affects token issuers, exchanges, custodians, trading platforms and any crypto-asset service provider operating in the EU. It has fully applied since December 2024.

Do I need authorisation to provide crypto-asset services in Spain?

Yes. Exchange, custody, trading platform and other crypto-asset services require authorisation as a crypto-asset service provider (CASP) under MiCA. In Spain, the competent authority is the CNMV. An authorisation granted in another EU Member State can be passported to Spain. The transitional regime for providers registered with the Bank of Spain ended on 1 July 2026. Operating without authorisation can lead to serious penalties.

How are cryptocurrencies taxed in Spain?

For Spanish tax residents, gains and losses from buying and selling crypto-assets are taxed in the savings base of personal income tax (IRPF), at rates between 19% and 30%. In addition, since 2024, holdings of crypto-assets abroad must be reported on form 721 if their value exceeds EUR 50,000.

What is the difference between a utility token and a security token?

A utility token gives access to a service or product and is not considered a financial instrument. A security token represents economic rights similar to a share or a bond and is subject to securities market regulation (MiFID II). The classification determines which legal obligations apply to the issuer and the project.

What legal obligations does a DAO have?

DAOs have no specific legal framework in Spain or in the EU. However, their promoters and operators may be held liable for the activities carried out through the DAO. It is advisable to give the DAO a legal structure (association, foundation or company) to limit the personal liability of its members.

What are the legal risks of issuing an NFT?

Issuing an NFT can involve obligations relating to intellectual property (rights in the linked work), consumer protection (pre-contractual information), tax (VAT and capital gains) and, if the NFT confers economic rights, financial regulation. Each case requires a specific analysis based on the features of the token.

REQUEST YOUR CONSULTATION

Request a free initial assessment and receive an initial analysis of your project, the regulatory obligations that affect you and a tailored quote.