The rule.
“the information in the marketing communications is fair, clear and not misleading”
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.
- Three separate tests. Fair: benefits are not shown without the matching risks. Clear: a retail reader understands what is being offered. Not misleading: no claim, omission or emphasis creates a false impression.
- Each load-bearing claim — a yield, a user count, a security promise — needs a basis you can show on request.
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.
Common violations in marketing copy.
Earn a guaranteed 12% APY on your USDC.
A return on a crypto-asset product is not guaranteed; the word creates a false impression of safety.
The world's most secure crypto platform.
An unsubstantiated superlative is a misleading claim unless it is dated, sourced and true.
Non-compliant vs compliant.
“Risk-free staking. Your crypto works while you sleep.”
“Staking rewards vary and are not guaranteed. The value of [Token] can fall, and you can lose the amount you stake.”
Related rules.
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Article 7(1)(a) · 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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Article 29(1) · European Union
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Article 53(1) · European Union
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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)(b) |
| 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.