Article 1
Technical means for public disclosure of inside information
1. Issuers, offerors and persons seeking admission to trading for crypto-assets shall disclose inside information by using technical means that ensure that the inside information is disseminated:
(a) |
to as wide a public as possible on a non-discriminatory basis; |
(b) |
free of charge; |
(c) |
simultaneously throughout the Union. |
2. To ensure effective dissemination, issuers, offerors and persons seeking admission to trading shall communicate inside information, directly or through a third party, to media which are reasonably relied upon by the public, including one or more of the following:
(a) |
traditional media; |
(b) |
social media permitting publication in written form; |
(c) |
web-based platforms which permit publication of news related to issuers, offerors or persons seeking admission to trading for crypto-assets. |
Inside information relating to crypto-assets admitted to trading on a trading platform for crypto-assets may be posted on the website of that trading platform for crypto-assets when such publication is made available by the trading platform for crypto-assets to issuers or offerors.
3. Issuers, offerors, and persons seeking admission to trading shall not disseminate inside information through social media or web-based platforms where the social media or web-based platform does not ensure that the inside information is accessible to all of its users or where the social media or web-based platform makes access subject to modalities that restrict access to its users.
4. Publication of inside information on social media, web-based platforms, or on the website of a trading platform for crypto-assets shall contain a link to the written statement published on the website by the issuer, the offeror, or the person seeking admission to trading pursuant to Article 2.
5. Issuers, offerors, and persons seeking admission to trading shall disseminate inside information via social media or web-based platforms, as referred to in paragraph 2, by using electronic means that maintain the completeness, integrity, and confidentiality of the inside information during the dissemination. Any such dissemination shall clearly mention:
(a) |
that the information communicated is inside information; |
(b) |
the identity of the issuer, the offeror, or the person seeking admission to trading, with the full legal name where applicable; |
(c) |
the identity of the person making the notification by specifying the name, surname, and position of that person within the issuer, the offeror, or the person seeking admission to trading; |
(d) |
the subject matter of the inside information; |
(e) |
the date and time of the dissemination. |
Issuers, offerors and persons seeking admission to trading shall ensure the completeness, integrity, and confidentiality by remedying any failure or disruption in the dissemination of inside information without delay.
For the purposes of this Article, social media shall mean an ‘online social networking service’ as defined in Article 2, point (7), of Regulation (EU) 2022/1925 of the European Parliament and the Council (3), and web-based platforms shall mean online platforms which collect and disseminate information and data on crypto-assets to promote informed investment decisions, accessible on a non-discriminatory basis and free of charge.
(3) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/1925/oj).