Misleading marketing communications.

The headline MiCA marketing rule. “Clear, fair, and not misleading.” Most enforcement actions in 2025–2026 trace back to here.

The rule.

Article 88 of Regulation (EU) 2023/1114, paragraphs (1)–(2):

Regulation (EU) 2023/1114 · Article 88(1)–(2)

“Any marketing communications relating to a public offer of a crypto-asset other than an asset-referenced token or an e-money token, or to the admission to trading of such a crypto-asset, shall comply with all of the following requirements:

(a) the marketing communications are clearly identifiable as such;

(b) the information in the marketing communications is fair, clear and not misleading;

(c) the information in the marketing communications is consistent with the information in the crypto-asset white paper, where such a crypto-asset white paper is required …”

Parallel obligations apply under Article 29 (asset-referenced tokens) and Article 53 (e-money tokens). The standard is identical.

What it requires.

Identifiable as marketing. Every promotional page, ad, post, or video must be recognisable as marketing. An op-ed-styled page hiding its commercial intent fails.

Fair. Benefit claims must be balanced. “Earn up to 24% APY” without paired, prominent capital-loss risk fails; the threshold is comparative prominence.

Clear. Technical claims must be substantiated and understandable to the target audience. “Backed by blockchain technology” alone does not satisfy clarity.

Not misleading. Selective data, partial backtests, undated claims, comparisons without methodology, “guaranteed,” “risk-free,” “safe,” “the best,” “the only” — all flagged. The standard is “not misleading,” not “technically defensible.”

Common violations.

Violation pattern · hero APY without paired warning

“Earn up to 24% APY on stablecoins.”

No paired risk language above the fold; capital-loss disclosure 1,400 pixels down. Fails Article 88(1)(b). “Up to” is not a cure — the EU case law is settled.

Violation pattern · undated peer comparison

“The fastest-growing RWA platform in Europe.”

No date, methodology, source, or definition. Fails Article 88(1)(b) on misleading; captures 88(1)(c) if the whitepaper says otherwise.

Violation pattern · superlative without substantiation

“The safest place to hold your crypto.”

Fails Article 88(1)(b). “Safe” is one of the highest-priority flags in NCA enforcement.

How to comply.

Fix 1 · prominence parity

Every hero benefit claim gets its paired risk statement in the same visual frame — same column, weight, and vertical position. Footers do not satisfy parity.

Fix 2 · quantified, dated, sourced

Replace superlatives with quantified, dated, sourced claims: “Largest tokenised treasury platform in Europe by AUM, €X.X B as of March 2026 (source: rwa.xyz).”

Fix 3 · ban the priority words

Remove “guaranteed,” “risk-free,” “safe,” “the best,” “the only,” “100%” unless literally and provably true. These are NCA flag words.

Fix 4 · marketing identification

Visible identification on every promotional surface: the native “Paid partnership” / “Sponsored” label on paid social, a clear disclosure on long-form pages.

Fix 5 · whitepaper consistency check

Map every marketing claim to a whitepaper sentence. If the whitepaper says “variable yield,” the landing page cannot say “stable yield.”

Related rules.

Know before a regulator does.

Paste a URL or your copy — the full verdict lands in seconds. Free, no signup.