Rules for a market without borders

The digital market ignores borders, but its players are subject to national laws. OIMAP regulation harmonises the minimum rules for approved platforms and protects buyers.
Adopted in 2022, the regulation rests on the 2019 Directive on certification, supplemented by a protocol specific to digital assets. It defines the three categories of objects, sets platform obligations and provides for sanctions.
This page presents the main rules and their application.
Digital market regulation in figures
Source: OIMAP Observatory.
The obligations of platforms
An approved platform must identify its sellers and buyers above a threshold of €1,000, consult the BIOP database for any token backed by a physical work, inform the buyer clearly about the rights transferred, keep records of transactions for ten years, and offer a mediation mechanism.
It must also report to OIMAP any suspicious operation, in particular when the same token is resold many times between linked accounts, which may indicate price manipulation or money laundering.



The buyer's rights
The buyer of a token must know precisely what they are acquiring. For an original digital work, they may acquire ownership of the file, a right of use or an exhibition licence. For a backed token, they acquire a right over the physical work, which must be specified in the contract.
The artist's copyright remains protected. Buying a token does not give the right to reproduce or distribute the work, unless otherwise stipulated. Approved platforms display these statements in full before purchase.
The fight against digital fraud
The most common frauds are the fake token (copy of an existing token), theft of an artist's identity, the sale of a non-existent work and price manipulation. Approved platforms use analysis tools and alerts cross-checked with the BIOP to spot them.
A buyer can also protect themselves: check the platform's address, never share their private key, compare the token with the underlying work, keep all evidence.
Obligations by type of object
| Obligation | Digital work | Backed token | Token alone |
|---|---|---|---|
| Identification | Yes | Yes | Yes |
| OIMAP certificate | Optional | Mandatory | Not applicable |
| BIOP consultation | Optional | Mandatory | Not applicable |
| Information on rights | Mandatory | Mandatory | Mandatory |
| Mediation | Yes | Yes | Yes |
Landmarks
- Directive No. 2019-07
Authentication protocol.
- Speculative peak
First litigation.
- Digital regulation
Adoption of the regime.
- 12 sanctions
Reinforced controls.
Taxation
Copyright or property right

Copyright
Belongs to the artist- Reproduction
- Distribution
- Moral right
Remains with the artist unless assigned.

Ownership of the token
Belongs to the buyer- Sell or transfer the token
- No right of reproduction
- Depends on the contract
Defined by the contract.



Complying with the regulation
- Identify
Verify the identity of the parties.
- Check
Consult the BIOP.
- Inform
State the rights transferred.
- Preserve
Archive for ten years.
- Report
Raise the alarm if suspicious.
For a compliant platform
A lawyer

« A clear contract is worth a thousand promises: most disputes come from uncertainty about what was bought. »
Vocabulary of regulation
- Moral right
- Right of the author to respect for their work.
- KYC
- Identity verification procedure.
- Money laundering
- Concealment of the origin of funds.
- Sanction
- Measure taken against a breach.
Frequently asked questions
Are NFTs banned?
No, they are regulated.
Can a platform lose its approval?
Yes, in case of serious breach.
Where can I read the full text?
In the Regulation section.
Who supervises the platforms?
The Secretariat, with national authorities.
Useful documents
Contacts

See the approved platforms
Image credits (16)
- Mirror with Concentric Circles, an Immortal, and Auspicious Animals (25–100 CE) — Cleveland Museum of Art, CC0 1.0
- Kenilworth Castle, Warwickshire, England, Adolphe Braun (c. 1870s) — Cleveland Museum of Art, CC0 1.0
- Prayer Niche (Mihrab) (c. 1500s or mid-1900s) — Cleveland Museum of Art, CC0 1.0
- Leaf from a Psalter and Prayerbook: Calendar Page with Labors (recto) (c. 1524) — Cleveland Museum of Art, CC0 1.0
- Arion on a Sea Horse and Bacchante on a Panther (pair), William Adolphe Bouguereau (1855) — Cleveland Museum of Art, CC0 1.0
- The Music Teacher's Wife (c. 1850s) — Cleveland Museum of Art, CC0 1.0
- TLV Mirror with Multiple Nipples (9–23 CE) — Cleveland Museum of Art, CC0 1.0
- Fragment of a Border with Standing and Seated Birds Amidst Vegetation (1500s) — Cleveland Museum of Art, CC0 1.0
- Daffodil Table Lamp, Tiffany Studios (c. 1910–13) — Cleveland Museum of Art, CC0 1.0
- Portrait of a Naval Officer, Lai Fong (1870s) — Cleveland Museum of Art, CC0 1.0
- Lampas with foliate medallions in ogival lattice (1400s) — Cleveland Museum of Art, CC0 1.0
- The Doge's Palace, Venice, Richard Parkes Bonington (1826) — Cleveland Museum of Art, CC0 1.0
- Mirror with Concentric Circles and Linked Arcs (late 300s BCE–50 CE) — Cleveland Museum of Art, CC0 1.0
- Boy with Cigar (c. 1855) — Cleveland Museum of Art, CC0 1.0
- The Calumny of Apelles, Giorgio Ghisi (1560) — Cleveland Museum of Art, CC0 1.0
- Telescoping basket (1800's) — Cleveland Museum of Art, CC0 1.0
Cleveland Museum of Art · CC0 1.0
Digital market and NFTsThe market for digital works and backed tokens: regulation, blockchain certification and approved platforms.›
Approved platformsThe 38 digital platforms approved by OIMAP: criteria, list, guarantees and advice for use.›
RegulationThe legal framework of the art and heritage market: international conventions, OIMAP directives, due diligence, taxation, intellectual property and consultations.›