Soda Labs

Spain

First in the EU to regulate how crypto is advertised

JurisdictionEuropeConfidential with disclosure

Confidentiality is workable so long as the regulated firm can identify the parties and disclose on demand. Encrypted amounts are not the thing being restricted.

What Spain actually says

Spain's national contribution sits on the marketing side rather than the confidentiality side, and it got there first. Its advertising circular, in force since February 2022, was the earliest crypto advertising regulation published in any EU member state: it compels a specific risk warning and requires campaigns aimed at more than a hundred thousand people to be notified to the regulator ten business days in advance. That is a rule about how crypto is sold, not how privately it can be held. On the questions this section is actually about, Spain adds nothing to the European baseline, and we found no Spanish instrument restricting anonymity-enhancing assets or transfers to self-hosted wallets.

The instruments that matter

CNMV Circular 1/2022 of 10 January 2022
published 17 January and in force 17 February 2022, the first crypto advertising regulation published in an EU country
A compulsory warning
advertising must state explicitly that investment in crypto-assets is unregulated, may not be suitable for retail investors, and can result in the loss of the entire amount invested
Prior notification for mass campaigns
campaigns directed at more than 100,000 people must be notified to the regulator at least ten business days before they run
No divergence on confidentiality
the national additions concern how crypto is marketed rather than how confidentially it is held; we found no Spanish restriction on anonymity-enhancing assets

What this means for confidential transactions

Bubble is built for exactly this shape of obligation: amounts and balances live on chain as ciphertexts, computation happens without decryption, and the only disclosure path is an on-chain access list through which an authorized party - an auditor, a supervisor, a counterparty - can request scoped decryption. That is confidentiality from the public, not from the regulator.

Compliant by default.

See how selective disclosure satisfies a supervisor without publishing your book to the world.