Marketing and Client Communication Rules Under MiCA
Marketing crypto-asset services was, for many years, largely unregulated at EU level. MiCA changes this by imposing specific requirements on how CASPs and token issuers communicate with clients and the public, aligning crypto marketing more closely with the standards applied to traditional financial products.
Fair, Clear and Not Misleading
All marketing communications relating to crypto-asset services or crypto-assets must be fair, clear and not misleading, and must be clearly identifiable as marketing communications. This applies across channels, including websites, social media and influencer partnerships, which have come under increased regulatory scrutiny.
Consistency With Disclosure Documents
Marketing materials must be consistent with the information contained in the relevant white paper or other required disclosure documents. Firms cannot make claims in advertising that go beyond, or contradict, what is disclosed in the formal documentation provided to clients.
Risk Warnings
Communications must not omit or obscure important information, warnings or qualifications where doing so would be likely to mislead recipients, and CySEC has signalled ongoing attention to promotions made by finfluencers and third-party marketing partners on behalf of regulated firms.
Practical Compliance Steps
CASPs should establish an internal sign-off process for marketing content, maintain records of published materials, and review affiliate and influencer arrangements to ensure external parties promoting the firm’s services are also complying with these standards, since responsibility ultimately rests with the authorised firm.
Enalian advises crypto-asset businesses, investment firms and payment institutions on MiCA authorisation, notification and ongoing compliance in Cyprus. If you are planning a CASP application or reviewing your regulatory status, our team can guide you through the process. Get in touch with our team to discuss your specific circumstances.
This article is provided for general informational purposes only and does not constitute legal, tax or regulatory advice. Regulatory requirements are subject to change; readers should seek specific advice on their circumstances before taking action.
