Crypto marketing must be identifiable as marketing.

MiCA Article 7(1)(a): a crypto-asset marketing communication must be clearly identifiable as such. What it means for ads, KOL posts and native content.

European Union MiCA Article 7(1)(a)

The rule.

Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA) · Article 7(1)(a)

“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.

Violation pattern · native article

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.

Violation pattern · KOL thread

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.

Non-compliant · example written by NorthPoint

“My honest take on [Token] after a month of using it — no hype, just facts.”

Compliant · example written by NorthPoint

“Ad · Paid partnership with [Offeror]. What [Token] does, what it does not, and the white paper link.”

Related rules.

Source.

InstrumentRegulation (EU) 2023/1114 on markets in crypto-assets (MiCA)
ProvisionArticle 7(1)(a)
Primary sourcehttps://www.esma.europa.eu/publications-and-data/interactive-single-rulebook/mica/article-7-marketing-communications
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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