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D. Case Study – Educational Content

The below is a fictional example of educational content published by a website under their “Learn” section.
 
Figure (10): “Learn” section of the website of ABC VASP
 

 

COMPLIANT: Overall purpose is clearly not Marketing.
 
As the article is intended to be an “educational tutorial”, this may qualify under the educational exemption in Marketing Regulation I.D.2, provided that the requirements explained below are also complied with.
 
If the tutorial includes information on how to purchase a Virtual Asset to use the “ABC-Bridge”, the content must include a disclaimer that Virtual Assets may lose their value in part or in full and are subject to extreme volatility at times. Again, such disclaimers should be prominent (see guidance on “prominent disclaimer” in Part I of this Guidance on Marketing Regulations).
 
Figure (11): Disclaimer in “Learn” section of the website of ABC VASP 
 

 

COMPLIANT: Prominent disclaimer on volatility of virtual assets and risk of total loss.
 
For the purpose of this example, assume the author of the content in Figure (10) does not have any interest in any Virtual Asset mentioned in the tutorial, but the tutorial does include references to the purchase of Virtual Assets.
 
Under Marketing Regulation I.D.2.d, the tutorial must then include a prominent disclaimer that Virtual Assets may lose their value in part or in full and are subject to extreme volatility at times. The text in the green box in Figure (11) is an example of a compliant disclaimer.