Educational only. Not legal advice for affiliate programmes, ad compliance, or creator contracts. When in doubt, get counsel before promoting a venue to EU audiences.
If an offshore exchange can still buy ads, sponsor YouTubers, and pay referral codes aimed at EU users, does that mean it is operating legally? Not on its own. Under MiCA, offering — and often marketing — crypto-asset services toward the EU is a regulated act. Reverse solicitation is a narrow exception, not a loophole for campaigns.
Primary audience here: creators and publishers (/creators/). Consumers still benefit: ads are not a licence badge.
Short answer
An exchange without CASP authorisation generally cannot advertise, sponsor, or run affiliate / influencer promotions aimed at EU users as a way to solicit business. Genuinely client-initiated contact (“reverse solicitation”) is interpreted narrowly — ESMA has published guidelines on the topic. Paid funnels, geo-targeted ads, and “sign up with my link” pushes toward the EU look like solicitation, not reverse solicitation.
What this means if you are an affiliate or creator
- Know the entity. Promote only what you can map to an authorised legal name on /mica/casps/ (and ESMA’s CSV) when the pitch is “EU-safe / MiCA licensed.”
- Do not launder status. “Available worldwide” creative that geo-targets France/Germany is still EU marketing.
- Disclose relationships. Affiliate and sponsorship disclosures remain good practice alongside regulatory caution.
- Tax education ≠ exchange acquisition. CTD’s lane is records, software comparison, and compliance literacy — not driving unauthorised onboarding.
What this means if you just see ads
An ad is not proof of authorisation. Check the legal entity, not the celebrity. Use CASP tracker and the official ESMA files. If you already hold funds on a questionable venue, prioritise exports — see deadline FAQ and the leaving-non-CASP playbook.
CryptoTax Digest stance
- We do not present unauthorised venues as “EU-safe” onboarding targets.
- Software comparisons may include affiliate links with disclosure; that is separate from exchange referral pushes.
- Creators listed on /creators/ are featured for crypto-tax education quality — not as a media-buy network.
FAQ
Can I review an unlicensed exchange’s tax CSV quality?
Discussing export quality as education is different from running a referral campaign to acquire EU users. Keep the CTA on records and software, not “open an account with my code.”
Where do I learn CASP vs brand?
Platforms = ops. MiCA CASPs = regulatory entities. Never merge them.
Sources
- Regulation (EU) 2023/1114 (MiCA)
- ESMA guidelines / materials on reverse solicitation (see ESMA MiCA publications list on the MiCA page)
- CTD creators directory
Educational infrastructure — not a marketing agency or CASP.
