Low-fee claims need a public fee page.

MiCA Article 66(4): CASPs must make their pricing, cost and fee policies public, in a prominent place on their website. What it means for 'zero-fee' ads.

European Union MiCA Article 66(4)

The rule.

Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA) · Article 66(4)

Pricing, cost and fee policies are publicly available, in a prominent place on the provider's website.

What it requires.

  • Pricing, cost and fee policies are publicly available, in a prominent place on the provider's website.
  • For marketing, that is the page a 'zero fees' or 'lowest fees' claim must survive: the ad and the published policy say the same thing.

Who it applies to.

Crypto-asset service providers.

Common violations in marketing copy.

Violation pattern · zero-fee headline

Trade crypto with zero fees.

If a spread, network fee or conversion fee applies, the published fee policy contradicts the ad.

Violation pattern · fees behind login

Fee schedule visible only after account creation

Not publicly available in a prominent place on the website.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“No fees. Ever.”

Compliant · example written by NorthPoint

“0% trading commission on [pairs]. A spread and network fees apply — see our fee policy → [website/fees].”

Related rules.

Source.

InstrumentRegulation (EU) 2023/1114 on markets in crypto-assets (MiCA)
ProvisionArticle 66(4)
Primary sourcehttps://www.esma.europa.eu/publications-and-data/interactive-single-rulebook/mica/article-66-obligation-act-honestly-fairly
Official texthttps://eur-lex.europa.eu/eli/reg/2023/1114/oj/eng
Read fromESMA Interactive Single Rulebook, one page per article (ESMA's own publication of the MiCA text)
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

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