Article 15 Liability for the information given in a crypto-asset white paper

Where an offerormeans a natural or legal person, or other undertaking, or the issuer, who offers crypto-assets to the public;, person seeking admission to trading or operator of a trading platform, has infringed Article 6 by providing in its crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper or in a modified crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper information that is not complete, fair or clear or that is misleading, that offerormeans a natural or legal person, or other undertaking, or the issuer, who offers crypto-assets to the public;, person seeking admission to trading or operator of a trading platform and the members of its administrative, management or supervisory body shall be liable to a holder of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; for any loss incurred due to that infringement.

Any contractual exclusion or limitation of civil liability as referred to in paragraph 1 shall be deprived of legal effect.

Where the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper and marketing communications are prepared by the operator of the trading platform in accordance with Article 5(3), the person seeking admission to trading shall also be held responsible when it provides information that is not complete, fair or clear, or that is misleading to the operator of the trading platform.

It shall be the responsibility of the holder of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; to present evidence indicating that the offerormeans a natural or legal person, or other undertaking, or the issuer, who offers crypto-assets to the public;, person seeking admission to trading, or operator of the trading platform for crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; other than asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; or e-money tokens has infringed Article 6 by providing information that is not complete, fair or clear, or that is misleading and that reliance on such information had an impact on the holder’s decision to purchase, sell or exchange that crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;.

1. is misleading, inaccurate or inconsistent when read together with the other parts of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper; or

2. does not provide, when read together with the other parts of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; white paper, key information in order to aid prospective holders of the crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; when considering whether to purchase such crypto-assetmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;.

This Article is without prejudice to any other civil liability pursuant to national law.