Is crypto legal in Germany?

Yes, crypto is legal in Germany. Individuals can buy, hold and sell bitcoin and other crypto, and the companies that offer crypto services must be authorised by the Federal Financial Supervisory Authority (BaFin). As of October 2026, Germany applies the EU-wide MiCA rules, with a national law filling in the details.

Is bitcoin legal in Germany?

Yes. Bitcoin can be owned and traded, and the rules focus on the businesses around it. The Bundesbank explains that MiCA was published in June 2023 and took effect in stages from mid-2024, creating a single EU framework for crypto assets not covered by other financial laws. In Germany, BaFin supervises crypto service providers and stablecoin issuers in cooperation with the Bundesbank.

The German side of this is the KMAG, signed in December 2024. Section 3 names BaFin as the competent authority under MiCA. The law also lets BaFin order a firm running unauthorised crypto business to stop and wind it down. Our guide to MiCA explains the EU rules in more detail.

Is crypto trading legal in Germany?

Yes. BaFin's guidance on MiCA crypto services says the licensing rules cover services provided to clients. A contract made only in your own interest does not count, so an individual trading their own coins does not need a licence. Holding and managing your own crypto is also outside the custody service, since it is not done for clients.

Businesses are different. MiCA authorisation rules for crypto-asset service providers have applied since December 30, 2024. Firms that already held a German banking licence for crypto could keep operating under it until BaFin decided on their MiCA application, and BaFin set up a simpler process for them. Once authorised, a provider can serve clients across the EU after notifying regulators. Running a public crypto ATM also needs BaFin permission; BaFin warned in 2020 that operating one without a licence can be a criminal offence.

Selling crypto can create tax obligations, which are covered in how crypto is taxed in Germany.

Is crypto legal in Germany for foreigners?

Yes, the same rules apply to anyone using crypto in Germany. What matters for firms is where their clients live. BaFin's guidance says a firm from outside the EU that actively offers crypto services to people with a seat or habitual residence in Germany needs MiCA authorisation. There is a narrow exception for services a client requests entirely on their own initiative. Firms based in another EU country can serve German clients through MiCA's cross-border rules.

Is crypto mining legal in Germany?

Mining is not banned. BaFin's MiCA guidance covers a set list of crypto services offered to clients, and mining is not one of them. Miners still have to follow normal business, energy and tax rules. See is crypto mining legal for a wider view.

Rules differ by country and change often. Check the regulator or a qualified professional for your own situation.