If you write marketing for a crypto company in the EU, the rules on your copy are not spread across MiCA. They sit in five places: Articles 6, 7, 29, 53 and 66 of Regulation (EU) 2023/1114. Sixteen provisions in all.
We wrote each one up as a single record (what it requires, who it binds, the line that breaks it, a rewrite) and read every citation on ESMA's own Interactive Single Rulebook. The full set is at northpoint.fi/regulations/mica/rules. Here is the short version: one line that fails, one that holds up.
Every crypto-asset that is not a stablecoin (Article 7)
| provision | the line that breaks it | a version that holds up |
|---|---|---|
| 7(1)(a) identifiable as marketing | "My honest take on [Token] after a month of using it — no hype, just facts." (paid, no label) | "Ad · Paid partnership with [Offeror]. What [Token] does, what it does not, and the white paper link." |
| 7(1)(b) fair, clear, not misleading | "Risk-free staking. Your crypto works while you sleep." | "Staking rewards vary and are not guaranteed. The value of [Token] can fall, and you can lose the amount you stake." |
| 7(1)(c) consistent with the white paper | "[Token] holders vote on treasury spending and share in fees." | "[Token] gives access to [service], as described in section [X] of the white paper. It carries no right to fees or profits." |
| 7(1)(d) white paper + contact details | "Buy [Token] today. Questions? DM us." | "A crypto-asset white paper for [Token] has been published at [website]. Contact: [phone] · [email]." |
| 7(1)(e) the not-approved statement | "Fully regulated and approved under MiCA." | "This crypto-asset marketing communication has not been reviewed or approved by any competent authority in any Member State of the European Union…" |
| 7(2) nothing before the white paper | "Presale spots are going fast — reserve yours before the white paper drops." | "The white paper is published at [website]. The offer opens on [date]." |
Exchanges, brokers and other licensed firms (Article 66)
| provision | the line that breaks it | a version that holds up |
|---|---|---|
| 66(2) no misleading advantages | "Top analysts agree: [Token] is set to explode. Buy now on [Exchange]." | "Now listed on [Exchange]: [Token]. Read the white paper before you trade. Crypto-asset prices are volatile and you can lose money." |
| 66(3) risk warning + white paper link | "Buy [Token] in seconds. No fuss." | "Crypto-assets are volatile and you can lose all of the money you put in. Read the [Token] white paper before you buy." |
| 66(4) fee policy public | "No fees. Ever." | "0% trading commission on [pairs]. A spread and network fees apply — see our fee policy." |
| 66(5) green claims | "100% green crypto. Zero impact." | "[Token] uses proof of stake. Its estimated energy use and other environmental indicators are published here." |
The "zero fees" headline is the one to look at twice: 66(4) says pricing, cost and fee policies are public and prominent on the website, so a "zero fees" headline has to survive a reader opening that page. A spread or a network fee the ad does not mention is the contradiction.
Stablecoins (Articles 29 and 53)
| provision | the line that breaks it | a version that holds up |
|---|---|---|
| 29(1) asset-referenced token marketing | "Fully backed, always stable, zero risk." | "[ART] references [basket]. Reserve composition and redemption terms are in the white paper at [website]." |
| 29(2) the redemption right | "Sell [ART] any time on the open market." | "Every holder of [ART] has a right of redemption against [Issuer] at any time." |
| 53(1) e-money token marketing | "Better than a bank account: [EMT] pays you to hold it." | "[EMT] is an e-money token issued by [Issuer]. A crypto-asset white paper is published at [website]." |
| 53(2) redemption at par | "[EMT] usually trades close to €1." | "All holders of [EMT] have a right of redemption against [Issuer] at any time and at par value." |
The white paper itself (Article 6)
| provision | the line that breaks it | a version that holds up |
|---|---|---|
| 6(4) no future-value claims | "Get in before [Token] hits $10." | "[Token] gives access to [service]. Its value can go down as well as up, and it may lose its value in full." |
| 6(5) the standard warnings | "Fully protected. Always liquid. Never worth less than you paid." | "[Token] may lose its value in part or in full, may not always be transferable or liquid, and is not covered by any investor-compensation scheme…" |
6(4) reaches your ads through 7(1)(c): marketing must be consistent with the white paper, and the white paper may make no claim about future value, so a price target in an ad claims what the white paper is not allowed to say.
Check your own copy
Paste a landing page URL or a block of copy into the free MiCA marketing check. It screens five core Article 7 and 66 rules: risk warnings, guaranteed-return language, superlatives, identifiability and past performance.
Information, not legal advice. Every record links its ESMA source; confirm your own marketing with qualified counsel.
Top comments (0)