The rule.
“the marketing communications are clearly identifiable as such”
Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.
What it requires.
- A reader must be able to tell, without effort, that the content is promotional. The test is the reader's, not the author's: a post that reads as independent commentary fails even if a disclosure exists somewhere else.
- Paid placements, influencer posts, sponsored articles and affiliate content carry a visible label at the point of reading — not only in a profile bio or a terms page.
Who it applies to.
Marketing communications for an offer to the public, or an admission to trading, of a crypto-asset other than an asset-referenced token or an e-money token — prepared by the offeror, the person seeking admission to trading or the operator of a trading platform.
Common violations in marketing copy.
Why [Token] is the most undervalued project of the cycle (a sponsored piece with no label)
Paid content dressed as editorial is the textbook case of a communication that is not identifiable as marketing.
Just aped into [Token], here's why I think it 10x's
If the creator is paid or holds an allocation from the offeror, the post is a marketing communication and needs a visible marker.
Non-compliant vs compliant.
“My honest take on [Token] after a month of using it — no hype, just facts.”
“Ad · Paid partnership with [Offeror]. What [Token] does, what it does not, and the white paper link.”
Related rules.
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Article 7(1)(b) · European Union
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Article 7(1)(c) · European Union
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Article 7(1)(d) · European Union
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Article 7(1)(e) · European Union
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Article 7(2) · European Union
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Article 66(2) · European Union
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NorthPoint’s long-form page.
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Markets in Crypto-Assets Regulation (EU) 2023/1114.
Source.
| Instrument | Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA) |
|---|---|
| Provision | Article 7(1)(a) |
| Primary source | https://www.esma.europa.eu/publications-and-data/interactive-single-rulebook/mica/article-7-marketing-communications |
| Official text | https://eur-lex.europa.eu/eli/reg/2023/1114/oj/eng |
| Read from | ESMA 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.