Risk warnings must match the benefit claim.

The parity rule. A hero promise without a paired, visually-balanced risk warning fails. Footers don’t satisfy it.

The rule.

Article 88(3) governs how risk is presented.

Regulation (EU) 2023/1114 · Article 88(3)

“Marketing communications shall not contain any false or misleading information. Marketing communications shall identify the risks associated with the relevant crypto-asset clearly and prominently. The information about the risks shall be presented in a manner that is no less prominent than the information about the potential benefits of the crypto-asset.”

ESMA’s 2024 Guidelines interpret “no less prominent” as: same visual weight, same column, same approximate position, no typography or contrast dimming the risk.

What it requires.

Identification of risks. Say what could go wrong. “Crypto-asset prices can fluctuate” is the minimum; higher-risk products add capital-loss, illiquidity, smart-contract, custody, and regulatory risk.

Prominence parity. If the benefit is in 72-pixel bold above the fold, the risk cannot be in 12-pixel grey type 1,400 pixels down.

Same visual frame. The risk must sit where the eye lands when reading the benefit. A standalone risk page linked from the footer fails.

Common violations.

Violation pattern · footer risk disclosure

Hero: “Tokenised treasuries. Earn 5.2% APY.”
Footer (1,800px below): “Capital at risk. Returns may vary.”

Two visual frames. The hero-only reader leaves with the benefit but not the risk.

Violation pattern · typography downgrade

Benefit: 56px white bold on dark background.
Risk: 11px grey on dark background, in same block.

Same block, but the risk text is ~5× smaller and lower-contrast. Fails parity.

Violation pattern · risk-page handoff

Hero CTA: “Start earning” — risk disclosure on a separate /risks page linked from a small footer link.

Adding a click is, by definition, less prominent. Fails parity.

How to comply.

Fix 1 · pair the hero

Place the matching risk statement in the same visual frame, at the same typography level. If you can’t, soften the benefit.

Fix 2 · size parity

Risk statements: at least 60% of the benefit claim’s type size, same colour family. ESMA cites contrast and size as parity factors.

Fix 3 · specificity

Replace “risks apply” with “you may lose all of your capital, returns are not guaranteed and yield can drop to zero.” Specificity is part of clarity.

Fix 4 · banner ad treatment

If a small-format ad can’t carry a paired risk treatment, it can’t make a quantified benefit claim. Use a brand claim, not a yield claim. The free ad-creative compliance scan flags missing or under-weighted risk treatment.

Related rules.

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