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  • B. Case Study – Physical Events and Trade Shows in the Emirate

    • 1. Event organiser

      An event organiser is planning to set up a virtual assets exhibition, convention, seminar or conference (or any form of B2B/B2B2C event) held in the Emirate, which aims to bring together global leaders in the virtual asset industry, investors, and technology enthusiasts. In preparation of the event, the organiser should make sure that it complies with applicable requirements in the Marketing Regulations, including, but not limited to, Marketing Regulation I.F.2.
       
      For example, the event organiser should:
       
      (i)Ensure that all attendees are suitable and/or qualified to attend the event, depending on the nature and focus of the event (e.g. the audience for a virtual assets event focusing on institutional investment opportunities should be very different from a hackathon); and
      (ii)ensure it can, upon request, demonstrate to VARA how it complies, or has complied with, all requirements applicable to event organisers in the Marketing Regulations.
       
    • 2. Event exhibitors

      During the event, exhibitors may engage with potential clients and investors in many ways. It is not always clear that these practices are promotional in nature or have a “marketing” element. Below are some examples of common practices at events and trade shows, and related implications in the context of the Marketing Regulations:

       a.    Booth presentations
       
      Exhibitors may set up booths to showcase their platforms, products, and services. These may include products and services that constitute VA Activities regulated by VARA. The booths utilise visually appealing displays to attract attendees (e.g. large logos of the business and Virtual Assets).
       
      Figure (5): Booth of ABC VASP at a virtual asset event in Dubai
       

       

      Key considerations: If an exhibitor is not Licensed by VARA, it should be careful when designing booth presentations to only present its name, logo, and types of activities provided, in accordance with Marketing Regulation I.F.1.
       
      All Marketing conducted by Entities not Licensed by VARA should also include a prominent disclaimer that they are not Licensed or regulated by VARA, and hence not permitted to conduct VA Activities in the Emirate of Dubai.
       
      Exhibitors that are not Licensed by VARA must also ensure they do not permit any residents of the UAE to sign-up, or onboard as a client, at the event (Marketing Regulation I.F.1.b).
       
      Staff manning the booth should be reminded and trained on such requirements, in particular not to assist or solicit event attendees in signing up to its platform or onboarded as a customer (Marketing Regulation I.F.1.a) or make false claims about the licensing status of the exhibitor (whether under VARA or in other jurisdictions).
       
       b.    Panel discussions and presentations
       
      Exhibitors may arrange for representatives to participate in panel discussions or deliver presentations throughout the event to share insights, industry trends, and the benefits of their platforms or services. These discussions and presentations may also be streamed online with various overlays (e.g. logos of event sponsors).
       
      Figure (6): Panel discussion at a virtual asset event in Dubai
       

       

      Key considerations: Participation in panel discussions and presentations would not be in breach of the Marketing Regulations, however the discussions should focus only on providing informative content and knowledge. Speakers are permitted to explain the features or provide other information about a product or service, but must not make any recommendations with respect to any product or service or Virtual Asset.
       
       c.    Branded merchandise and stationery
       
      Branded merchandise and stationery, such as USB drives, pens, power banks, and articles of clothing/lifestyle are often distributed by exhibitors at events to increase brand visibility and for engagement with event attendees – including at charity events.
       
      Figure (7): Branded stationery handed out by a VASP at an event in Dubai
       

       

      Key considerations: Promotional giveaways may be a form of non-monetary incentive. If these are used in the context of Marketing, they must not be used in such a way that they are likely to divert or mislead investors’ focus from the proper consideration of the product or service being promoted, as required under Marketing Regulation I.C.2.l.i (also see VI. Case Study – Incentives).
       
      Generally, the lower the monetary value of the incentive offered, the more likely it is for the distribution of the incentive to be compliant with Marketing Regulation I.C.2.l.i and the above are all examples of permissible materials.
       
      However, exhibitors should note that only handing out branded merchandise as an incentive to individuals to sign up to their platform is not compliant with Marketing Regulation I.C.2.l.i, as those individuals may be incentivised by the freebies to sign up, without giving proper consideration of the product or service offered by a particular exhibitor.
       
      Exhibitors should also note that virtual asset airdrops at events may qualify as Marketing of, or relating to, a Virtual Asset, and therefore subject to certain rules in the Marketing Regulations as described below.
       
       d.    Promotions of virtual assets 
       
      Exhibitors may use virtual assets to promote themselves during an event, such as by handing out flyers with QR codes that allow NFTs to be minted insofar as they comply with the conditions below.
       
      Figure (8): Pamphlet handed out at a virtual asset event in Dubai
       

       

      Key considerations: Such promotions would qualify as Marketing of, or relating to, a Virtual Asset and must therefore comply with Marketing Regulation I.C.3.
       
      These requirements include seeking prior consent or expression of interest from the owner of the VA Wallet to the receipt of the Virtual Assets prior to any transfer. In this example, the recipient would need to take the action of scanning the QR code and click a condition that confirms his/her interest to receive the free NFT, in order to satisfy the requirement of an expression of interest.
       
      Marketing Regulation I.C.3 also requires appropriate disclaimers to be made. This may be done by including statements on accompanying materials, such as a disclaimer on the pamphlet on which the airdrop QR code is displayed and/or on any relevant websites. As there is no disclaimer on the pamphlet in Figure (8), the webpage to which the QR code is linked must display a relevant disclaimer.
       
      Entities in the UAE that issue any Virtual Asset must ensure they comply with all applicable Rules in the VA Issuance Rulebook.
       
       e.    Distribution of Marketing materials
       
      Exhibitors may distribute various Marketing materials at the event venue or at satellite events. These include brochures, whitepapers, or newsletters.
       
      Key considerations: The exemption in Marketing Regulation I.F which allows for Entities that are not Licensed by VARA to carry out Marketing of or relating to Virtual Assets or VA Activity is limited to physical events in the Emirate. Exhibitors must therefore ensure that they do not distribute such materials outside of the event, e.g. outside the event or after the event has ended.
       
       f.    Demonstrations and workshops
       
      The event may host live demonstrations or interactive workshops to showcase the functionality and benefits of Virtual Assets and/or DLT. These sessions aim to educate attendees and provide hands-on experiences.
       
      Key considerations: Demonstrations and workshops can comply with the Marketing Regulations if they focus on providing educational content and demonstrating the features and capabilities of Virtual Assets, a service and/or DLT. These sessions should not require attendees to sign up to use any particular service or acquire any Virtual Assets – i.e. no database of the attendees should be collected for future marketing/promotions/sales purposes.