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MiCA marketing communications: a guide for EU crypto-asset service providers

By the Samoha team · Sep 29, 2026 · 12 min read

Since 30 December 2024, the EU's Markets in Crypto-Assets Regulation (MiCA) has applied in full. For exchanges, brokers and other crypto-asset service providers (CASPs) marketing in the EU, that changed a basic assumption: marketing is no longer only a question for ad platforms and national consumer law. MiCA writes specific requirements for marketing communications into the regulation itself, and it gives regulators in every Member State where you advertise the power to check them.

This guide is for marketing teams at CASPs and at firms planning to become one. It covers which MiCA articles apply to which kind of marketing, what each requires on the page, how cross-border campaigns are supervised, and why third-country firms cannot rely on a disclaimer to market into the EU. Article text is quoted from the ESMA Interactive Single Rulebook, which reproduces Regulation (EU) 2023/1114; we could not retrieve the EUR-Lex version directly while preparing this article, so check the Official Journal text before relying on any wording. This is a working reference, not legal advice.

Which article applies to your marketing

MiCA has several separate marketing rules, and the one that applies depends on what the communication is about, not who sends it:

Article 7 covers marketing communications relating to an offer to the public, or an admission to trading, of crypto-assets other than asset-referenced tokens (ARTs) and e-money tokens (EMTs). This is the rule for token launches and listings.
Article 29 covers marketing communications relating to an offer to the public or admission to trading of an ART.
Article 53 covers the same for an EMT.
Article 66 applies to CASPs generally. Paragraph 2 requires them to provide clients with information that is fair, clear and not misleading, "including in marketing communications, which shall be identified as such", and says CASPs shall not, deliberately or negligently, mislead a client in relation to the real or perceived advantages of any crypto-assets.

In practice an exchange often touches several at once. A brand campaign about your trading app sits under Article 66. A campaign announcing that a new token is now listed on your platform can also be a marketing communication relating to its admission to trading under Article 7. A promotion for a stablecoin you list may engage Article 29 or 53 as well. Map every campaign against the list before anyone writes copy.

Article 66: the baseline for every CASP campaign

Article 66 is short, but it sets three standards that apply to all CASP marketing:

Identifiable as marketing. Sponsored posts, affiliate content, creator partnerships and advertorials need to be recognisable as marketing to the person seeing them.
Fair, clear and not misleading. This covers the overall impression, not just individual sentences. Headline returns, "safe" or "guaranteed" language and selective performance periods are the obvious risks.
No misleading on advantages. The regulation singles out the "real or perceived advantages of any crypto-assets". Claims about a token's utility, scarcity, adoption or price prospects need the same scrutiny as claims about your own service.

Article 66(3) adds that CASPs shall warn clients of the risks associated with transactions in crypto-assets, and that platforms, exchange services, advisers and portfolio managers must give clients hyperlinks to the crypto-asset white papers for the assets they service. Article 66(4) and (5) require pricing, costs and fees policies, and information on the climate and environmental impacts of each asset's consensus mechanism, to be published prominently on the CASP's website. Marketing pages that quote fees or talk about sustainability should link to, and match, those published disclosures.

Article 7: token launches and listings

When a communication relates to an offer to the public or admission to trading of a crypto-asset other than an ART or EMT, Article 7(1) sets five cumulative requirements. The communication must:

be clearly identifiable as marketing;
be fair, clear and not misleading;
be consistent with the crypto-asset white paper, where one is required under Article 4 or 5;
clearly state that a white paper has been published and clearly indicate the website address of the offeror, the person seeking admission to trading or the operator of the trading platform, plus a telephone number and an email address to contact that person; and
contain a clear and prominent statement: "This crypto-asset marketing communication has not been reviewed or approved by any competent authority in any Member State of the European Union. The offeror of the crypto-asset is solely responsible for the content of this crypto-asset marketing communication."

Two details matter for exchanges. First, where the communication is prepared by the person seeking admission to trading or the operator of a trading platform, Article 7(1) says the statement should refer to that person instead of the "offeror". A listing announcement written by your team should therefore use the wording that matches your role. Second, Article 7(2) says that where a white paper is required, no marketing communications shall be disseminated before it is published. Teaser campaigns, countdown posts and creator hype ahead of a listing need to be timed against the white paper's publication date, although Article 7(2) preserves the ability to conduct market soundings.

The consistency requirement is the one most often broken in practice. Every claim in the creative, from supply figures to use cases and roadmap dates, should be traceable to the white paper. If the creative team works from a pitch deck instead, the deck and the white paper will drift apart.

Article 8(2) and (3) add that marketing communications must be notified on request to the competent authorities of the home Member State and of host Member States where prospective holders are addressed, and that authorities shall not require prior approval of white papers or related marketing. No pre-approval means no one is checking for you before launch.

Articles 29 and 53: stablecoins and other tokens

For ARTs (Article 29) and EMTs (Article 53), the first four requirements mirror Article 7: identifiable, fair, clear and not misleading, consistent with the white paper, and a clear statement that a white paper has been published with the issuer's website, phone number and email address. Each then adds a token-specific statement. ART marketing must contain a clear and unambiguous statement that holders have a right of redemption against the issuer at any time; EMT marketing must say holders have that right "at any time and at par value".

Both articles require marketing communications and any modifications to be published on the issuer's website, say competent authorities shall not require prior approval, require notification to competent authorities on request, and prohibit dissemination before the white paper is published. These obligations are framed around the issuer. If you are an exchange promoting a stablecoin you list rather than the issuer, clarify with counsel which obligations sit with you and agree with the issuer which of its approved materials you may reuse.

Cross-border campaigns: who supervises your ads

Article 65 lets an authorised CASP provide services in other Member States after notifying its home authority of the Member States and services involved, starting from the date the home authority confirms the communication, or at the latest on the 15th calendar day after submission. For marketing, that means your EU media plan should never run ahead of the host Member States you have actually notified.

For Article 7 communications, Article 7(3) gives the competent authority of the Member State where the communication is disseminated the power to assess compliance with paragraph 1. A campaign run from one country but targeted at users in another can be examined by the regulator of the country where it lands. Localised versions therefore need the same review as the original, including translation of the mandatory statement.

Third-country firms: why "at your own initiative" rarely works

Article 61 allows a third-country firm to serve an EU client without MiCA authorisation only where the client initiates the service at its own exclusive initiative. The same article says that where a third-country firm, or an entity or person acting on its behalf, solicits clients or prospective clients in the Union, "regardless of the means of communication used for the solicitation, promotion or advertising", it is not deemed to be a service provided at the client's own exclusive initiative. It adds that this applies "notwithstanding any contractual clause or disclaimer purporting to state otherwise".

For marketing teams at non-EU exchanges, the implication is direct: paid campaigns aimed at EU users, affiliate and creator programmes reaching EU audiences, and localised EU-language content can all undermine a reverse-solicitation position, and a website disclaimer will not repair it. Article 61(3) required ESMA to issue guidelines on when a third-country firm is deemed to solicit EU clients; your compliance team should apply them when setting geo-targeting and partner rules.

A MiCA marketing checklist

Classification: each campaign mapped to Article 66, and to Article 7, 29 or 53 where it relates to a specific token's offer or admission to trading.
Labelling: every paid, affiliate and creator placement identifiable as marketing.
White paper alignment: claims traced to the white paper; no dissemination before its publication where one is required.
Mandatory statements: Article 7(1)(e) wording (with the correct role substituted), white paper and contact details, and ART or EMT redemption statements where relevant.
Website disclosures: fee, risk and sustainability claims consistent with what Article 66 requires you to publish.
Territory: media and partner targeting limited to notified Member States; third-country firms not soliciting EU clients.
Records: every version, translation and placement kept so it can be produced if a home or host authority asks.

We apply the same approach we use for UK rules: map requirements by market before drafting, then build review files around them. See UK cryptoasset financial promotions for the parallel UK regime, crypto exchange marketing in 2026 for the wider growth picture, and our methodology for how compliance review fits into campaign work.

FAQ

Does a national regulator have to approve our MiCA marketing before it runs?

No. Articles 8(3), 29(4) and 53(4) say competent authorities shall not require prior approval of the relevant marketing communications. They can ask for them to be notified, and host-state authorities can assess Article 7 communications disseminated in their territory, so the responsibility for getting it right sits with you.

Does the Article 7 statement go on every exchange ad?

Article 7 applies to marketing communications relating to an offer to the public or admission to trading of a crypto-asset other than an ART or EMT, so it is triggered by content about specific token offers or listings. General brand advertising for your services is governed by Article 66. Take advice on mixed campaigns that do both.

Can we run pre-listing teasers?

Where a white paper is required, Article 7(2) says no marketing communications may be disseminated before it is published. Market soundings are preserved, but public teasers and creator hype should wait for publication.

We are outside the EU. Is a "not for EU residents" disclaimer enough?

No. Article 61(1) states that solicitation, promotion or advertising in the Union means a service is not provided at the client's own exclusive initiative, notwithstanding any contractual clause or disclaimer purporting to state otherwise.

Sources

Last reviewed: 29 September 2026.