---
name: etoro-eu-marketing-rules
description: EU marketing compliance rules for eToro CySEC-regulated content. Use when creating EU campaigns, checking compliance, or reviewing marketing for EU markets. Triggers on "EU compliance", "CySEC rules", "fair clear not misleading", "CFD marketing", "airdrop rules", "performance claims", "EU marketing".
---

# EU Marketing Rules (CySEC)

## Core Principle: Fair, Clear, Not Misleading

All EU marketing must be:
- **Fair**: Balance benefits and risks equally
- **Clear**: Simple language, no overcomplicated terms
- **Not Misleading**: No unsubstantiated claims or false urgency

## Performance Claims

### Past Performance
- Must NOT be the most prominent feature
- Include: fees, currency, time period
- **Required warning**: "Past performance is not a reliable indicator of future results"
- Cover at least 5 years (or full period if <5 years) in 12-month periods
- If <12 months: disclose data doesn't exist for relevant periods

### Simulated Performance
- Clearly and prominently disclose it's simulated
- Must relate to actual investment or index
- **Required warning**: "Simulated past performance is not a reliable indicator of future results"

### Future Performance
- Must NOT be based on simulated past performance
- Based on reasonable assumptions with objective data
- Include different market scenarios (positive AND negative)
- **Required warning**: "Forecasts are not a reliable indicator of future performance"

## Disclaimer Rules

### Prominence Requirements ✅
- Clear type styles, distinct border/box
- Size proportionate to overall content
- Benefits and risks equally prominent
- Video/audio: clearly audible/visible for sufficient time
- Web: on landing page, sticky positioning, repeated on linked pages

### Bad Practices ❌
- Warnings in inconspicuous areas
- Warning not visible when scrolling
- Disclaimer buried or fades before key pitch
- Small text over complex background

## CFD Marketing (Product Intervention)

- Comply with national product intervention measures
- **NO monetary/non-monetary incentives** to retail clients (no bonuses, cash offers, promotions)
- Check Marketing Matrix for country-specific restrictions

## Airdrop Rules

### Allowed
- After First Time Deposit (FTD) - €10-100 fixed amount
- After First Time Trade (FTT)
- As acquisition/conversion tool

### Required
- Clearly understandable, accurate, up-to-date communications
- Properly disclose all fees
- T&Cs and limitations prominently displayed
- Privacy Policy accessible via link
- Disclaimer about tax/fees obligations

### Prohibited
- Advertising as "free asset"
- References to high-risk products
- Frequent push notifications/"dark nudges"
- Exploiting behavioural biases
- Stating "up to X amount" unless people actually receive that amount

## Crypto Marketing

Required elements:
- Clearly identifiable as marketing
- Fair, clear, not misleading
- Consistent with crypto-asset white paper (if required)
- Website address, phone, email of offeror

**Required 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."

## Prohibited Practices

| Practice | Rule |
|----------|------|
| "0% Commission Broker" | Never advertise eToro this way |
| Fictitious performance | Never present, even as example |
| Regulator logos | Never use CySEC or other regulator logos |
| Fake testimonials | Never use; paid promos must be disclosed |
| FOMO tactics | No false sense of urgency |
| Gambling language | No gamification, trading-as-game messaging |
| Dark patterns | No manipulative interface design |
| AI washing | Don't exaggerate AI capabilities |
| Greenwashing | Sustainability claims must be accurate, verifiable |

## Tax References

When mentioning tax, include:
1. "Tax treatment depends on individual circumstances"
2. "May be subject to change in the future"
3. "We do not provide tax advice"
4. "Contact a tax advisor to discuss how products may affect tax obligations"
5. Relevant disclaimer from eToro Group Disclaimers Matrix

## Image Advertising (Non-Promotional)

Allowed without financial promotion rules:
- Firm name
- Logo/image
- Contact point
- Types of regulated activities
- Fees and commissions

**Note**: Statutory disclosures still apply.

## Record Keeping

Keep all marketing communications and approval documents for **5 years**.