After the entry into force of the MiCA Regulation (Markets in Crypto-Assets Regulation (EU) 2023/1114), the decisive factor for determining the fungibility of a crypto asset is whether the asset or right represented by it is fungible or (precisely) non-fungible. It is welcome that the MiCA Regulation strengthens the rights of small investors. However, the details are still unclear.
The latest article by Arthur Stadler and Christopher Falke explains when extensive consumer information obligations and a 14-day right of withdrawal will apply in future. Happy reading! (Journal of Consumer Law (VbR), VbR 03/2023, 85, Source: https://rdb.manz.at/document/rdb.tso.LIvbr20230305)