Under MiCA, a Telegram announcement is a marketing communication with the same legal status as a paid advertisement. Article 7 requires that every promotional communication relating to a public offer or admission to trading be clearly identifiable as marketing, and that the information in it be fair, clear and not misleading. The scope is wider than most teams assume: advertisements, landing pages, press articles, influencer posts and community announcements are all covered.
This is a practical summary for marketers rather than legal advice. Anything you intend to rely on should be checked with a qualified adviser in the relevant jurisdiction.
What must a marketing communication contain?
MiCA specifies a disclaimer with fixed wording. Marketing communications must state: “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.”
- Clear identification as marketing. The reader must be able to tell that the communication is promotional.
- Fair, clear and not misleading information. The standard applies to the impression created, not only to individual claims.
- Coherence with the white paper. Where a crypto-asset white paper exists, the marketing must not say something the white paper does not support.
- A statement that a white paper has been published, together with the website address of the offeror or the party seeking admission to trading.
- Contact details. A telephone number and an email address for that party.
The part that catches agencies and projects out
Responsibility does not transfer to the person who wrote the post. A project working with affiliates, brokers, influencers or paid media partners remains accountable for how the product is presented, even when it did not create the content. That converts influencer briefing from a quality-control task into a compliance one.
The practical consequence for campaign design is that the brief, the approval step and the record of what was actually published all have to exist before the campaign runs. A KOL improvising a price prediction in a Telegram group is the project’s problem, not the KOL’s.
How does the UK differ?
The United Kingdom operates a separate regime built around financial promotions rather than MiCA. The rule that most affects campaign planning is that influencers may promote crypto products only if they are directly authorised or working with an FCA-authorised firm. A campaign designed for the EU and copied into the UK without checking that condition is a common and avoidable error.
| Requirement | EU under MiCA | UK |
|---|---|---|
| Prescribed disclaimer | Yes, with fixed wording | Risk warnings under the financial promotions regime |
| Influencer restrictions | Covered as marketing communications; offeror remains responsible | Influencer must be authorised or work with an authorised firm |
| White paper linkage | Marketing must be coherent with the published white paper | Separate regime, not white-paper based |
| Scope | Ads, landing pages, press, influencer posts, community announcements | Financial promotions broadly defined |
What should a compliant campaign process look like?
- Write the disclaimer into the asset templates, not the checklist. Anything that depends on someone remembering will eventually be published without it.
- Approve influencer copy before it posts. Responsibility sits with the offeror regardless of who wrote it.
- Keep a record of what was actually published. Screenshots and timestamps, because posts are edited and deleted.
- Check the white paper before writing the campaign. Marketing that outruns the document is the most likely source of a problem.
- Separate jurisdictions in the plan. One creative set for every market is how a UK breach happens.
Frequently Asked Questions
Does MiCA apply to a Telegram post?
Yes. Marketing communications under MiCA include advertisements, landing pages, press articles, influencer posts and community announcements relating to a public offer or admission to trading.
What disclaimer does MiCA require?
The stated wording is that the marketing communication has not been reviewed or approved by any competent authority in any EU Member State, and that the offeror of the crypto-asset is solely responsible for its content.
Who is responsible if an influencer says something non-compliant?
The project. A business working with affiliates, brokers, influencers or paid media partners remains accountable for how its product is presented, even where it did not create the content.
Can crypto influencers promote in the UK?
Only if they are directly authorised or working with an FCA-authorised firm. The UK operates a financial promotions regime separate from MiCA, so an EU campaign cannot simply be copied across.