The Framework Agreement for Mobile Content and Payment Services version 5.1 of 13. April 2011 has been updated to version 5.2 with the following amendments:
Following a constructive meeting between the Parties behind the Framework Agreement and several content providers held on June 1st 2011, the Parties has updated Framework Agreement for Mobile Content and Payment Services version 5.1 to version 5.2 with the following amendments:
1) Penalty for defining “Diverse” as Service Category for the Majority of the Services calculated per Contract Party
The parties behind the Framework Agreement has bilaterally committed themselves to the Consumer Ombudsman, “to give the customer an easy and cost-free access to receive information about in which of the 13 listed below service categories, the invoiced services belong.” Therefore the parties have introduced fines for incomplete service categorisation so that the category “Diverse” is not specified by service category for the majority of digital services. See section 4.7.3
2) Amended Penalty for lack of Information about “+ usage charge”
The lack of information about “+ usage charge” now imposes a fine of DKK 500.
Previously, the penalty was DKK 3,000.
• DKK 500 for lack of information about “+ usage charge”
• DKK 3,000 for other minor offenses and
• DKK 6,000 for major violations
See section 4.7.1
3) Maximum Amount for total Purchases per Service aimed at Children and young People
By November 1st, 2011, a maximum amount of DKK 250 per month for total purchase per service aimed at children and young people is introduced – regardless of service type. See section 12: Maximum Amounts.
4) Maximum Amounts for Services, where a Collection service is combined with a Competition
If a collection is combined with a competition with collection being the purpose, the total premium rated amount can be up to DKK 150 per service per telephone number per day. Each transaction must not exceed DKK 25. This amendment means that the marketing of such a service is no more limited to nationwide radio or television. See section 12 Maximum Amount
5) Requirements for Continuous Subscription Services for DKK 0, which after a trial lead to Premium Rated Billing
Continuous subscription services for DKK 0, which eventually lead to charging, shall meet the usual requirements for the purchase of any mobile content and payment service. It should be noted that at the transition to charging, the end-user has to give an active consent prior to accepting the purchase. See section 16.1.2 3)
6) Clarification of the “required information on TV”
A clarification of the information required when marketing a service on TV has been made. The actual service type must still be disclosed in connection with the broadcast, but the amendment states that this information does not need to shown on the screen. See Section 14.2.3.1
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The Framework Agreement for Mobile Content and Payment Services version 5.0 of 1. May 2010 has been updated to version 5.1 with the following amendments:
General changes and clarifications
• Under Section 7 “Responsibility for the content and advertising of services”, a clarification has been made: ” Attention is drawn to services aimed at children and adolescents (under 18). The total amount for the purchase of this service shall not exceed what children and young people are expected to possess. ” The intention is to ensure better protection of children and adolescents.
• Under “About” in the right column, we have introduced an “Archive”, where the former official versions of the Framework Agreement for Mobile Content and Payment exist.
• Under “About” you find all of the “Quarterly Reports to the Consumer Ombudsman.”
• It is now possible to print each web page of the Framework Agreement for Mobile Content and Payment Services.
Other changes
• In section 14.2.3.2. regarding information requirements for the donation services in the radio, it has been clarified that “When marketing donation services on the radio, the provider’s address and phone number can be omitted if the organization has been approved. However, the provider’s name, address and telephone number must appear in the return SMS. ” One example is shown in section 17, “Examples” section 2AA
• Section 14.2.3.2. regarding information requirements on the radio:
The sentence “If the service is offered by anyone other than the channel provider itself, the name of the service provider must be notified orally, for example Lalandia” has now been expanded with the following sentence: ” .. Regardless of service type, the provider’s name in this case must be given orally, while all other mandatory provider data as specified in section 14.1.1 must be provided in all written communication intended for the end user. “
• Examples of single and subscription type services at 0 DKK have been inserted in section 17 “Examples”
• A clarification that continuous subscription type services must not be offered to minors has been made in section 8 under 16.1.2 as follows: “Services intended for children and adolescents (under 18 years) must not be offered as continuous subscription type services.”
• Cancellation of continuous subscription type services is now exempted from section 16.1.1 6) as follows:
“6) The end user must be able to unsubscribe from the service on the same medium and with the same ergonomics as when the registration is done. Exemption from this rule is continuous subscription-type services, where the cancellation must take place as described in Section 16.1.2 10).”
• Network Operators and gateway providers have developed common standards for handling situations where one MSISDN is transferred to a new customer. It is now required that any charging of subscription-type services and any subscriptions related to the former client shall automatically cease prior to further transfer of the MSISDN. This requirement applies to both former customers with prepaid cards and subscription customers. Effective: 1 June 2011
