UAE Law and Practice Contributed by: Irina Heaver and Zainab Kamran, NeosLegal
authority and establishing joint processes for applica- tion review, compliance monitoring and enforcement coordination. In practice, this is intended to reduce duplication for firms active across both Dubai and the wider UAE mainland, though compliance with each regulator’s substantive requirements remains neces- sary. Separately, VARA and the DFSA signed a memo- randum of understanding in October 2025 at GITEX Global, establishing a framework for cooperation on licensing, supervision, enforcement and AML/CFT matters across Dubai and the DIFC. This is a coordi- nation arrangement rather than a passporting regime, and entities operating in both jurisdictions continue to require separate authorisation from each regulator. UAE regulators have entered into a range of bilateral memoranda of understanding with foreign counter- parts for the purposes of information sharing and supervisory cooperation, but none of these arrange- ments confer any right for UAE-licensed firms to carry on regulated activities in those jurisdictions without local authorisation. Virtual asset marketing is governed by VARA through its Regulations on the Marketing of Virtual Assets and Related Activities 2024 (Marketing Regulations), which apply across the onshore UAE. The rules cover any marketing or promotional activity related to virtual assets and services, whether conducted by UAE- based or foreign entities, and regardless of licensing status. Only licensed VASPs or their authorised represent- atives may promote regulated activities such as exchange, brokerage or custody. Promotions by unli- censed VASPs are prohibited, and marketing by for- eign firms is also restricted where it targets UAE resi- dents, for example through AED pricing, UAE-based influencers or localised content. 4. Cross-Border Services 4.1 Marketing Onshore UAE VARA defines marketing broadly, covering social media, digital advertisements, public events, influ- encer promotions and traditional media. All market-
ing content must include clear and prominent risk disclaimers and avoid misleading language such as “guaranteed returns” or urgency tactics such as “limit- ed-time offer”. Influencers must disclose paid partner- ships, and comparisons or performance claims must be balanced and factual. Unlicensed entities may conduct limited marketing at physical events in Dubai, subject to strict disclaimers and conditions. Record-keeping of marketing con- tent and audience data is mandatory for at least eight years. Violations may result in substantial penalties, with repeat breaches leading to escalating fines or enforcement action. Exemptions exist for journalistic, educational and genuinely private communications, though these are narrowly interpreted. The promotion of privacy tokens is strictly prohibited. Additional marketing provisions apply under the CBUAE’s PTSR, which restricts the promotion of payment token services to licensed or registered enti- ties and imposes specific limits on the promotion of foreign payment tokens to UAE persons. The CMA’s VASP framework similarly includes conduct of busi- ness requirements governing the promotion of virtual asset services to clients, applicable to CMA-licensed entities operating on the UAE mainland. There is no formal reverse solicitation exemption in UAE law equivalent to those found in certain other jurisdictions. The Marketing Regulations provide nar- row exemptions for journalistic reporting, educational content and genuinely private communications, but these are interpreted restrictively and cannot be relied on as a basis for systematic cross-border promotion. Financial Free Zones Neither the DFSA nor the FSRA has issued digital- asset-specific marketing regulations. Firms licensed in ADGM and the DIFC are instead subject to general financial promotion and conduct of business rules under their respective regulatory frameworks, includ- ing restrictions on communications with clients and requirements that content be fair, clear and not mis- leading.
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