14.1 General rules
14.1.1 Before the purchase:
Information requirements for all service types regardless of the advertising medium
The text containing the information requirements shall be clear and easy to read in terms of colour, position and duration, such that the text can in fact be read by the viewer/recipient.
1) Service type
The price information shall be displayed with at least the same font size as the application code or the web/wap address.
For one-off services: Price “+trafiktakst” (“+usage charge”). In the case of price information, the font shall be at least as large as the short code
For subscription-type services: Total price (and individual price where relevant) “+trafiktakst” (“+usage charge”). In the case of subscription-type services, it shall also be made clear that the service is a subscription, and the font size requirement is the same as for other mandatory information (see below).
3) About the right of withdrawal (see here).
4) Name, address and telephone number of provider.
5) Termination procedure for subscription-type services.
6) Information about setup if there are special setup requirements (e.g. WAP).
14.1.1.1 Use of application code
All SMS communication from content providers shall contain the correct application code.
14.1.1.2 Zero-charged services
At least the following information shall be provided for zero-charged services:
1) Service type
2) “+ trafiktakst” (“+usage charge”)
3) Termination procedure for subscription-type services.
14.1.2 During the purchase:
Information requirements for all service types, where the customer has waived the right of withdrawal:
The customer could confirm a question, for example, in order to actively waive the right of withdrawal.
14.1.3 After the purchase:
Information about the purchase in the form of confirmation on a durable medium following the purchase of:
- Subscription-type services
- All purchases over DKK 75
- Goods and services delivered outside the mobile telephone
Information about the right of withdrawal, where the customer has not waived such right.
In the case of subscription-type services subject to a premium charge per received item, each individual message shall contain the price and the termination procedure: Code text + STOP (e.g. “AJAX STOP”). On terminating a subscription-type service the customer shall receive confirmation of termination.
In the case of zero-charged subscription-type services, each individual message shall contain the price and the termination procedure: Code text + STOP (e.g. “AJAX STOP”). On terminating a subscription-type service the customer shall receive confirmation of termination.
Confirmation of appeals.
14.2 Special cases
In a number of cases, certain pre-purchase information requirements may be met by providing references to another place in the same medium.
References are permitted for the following information types:
- About the 14-day right of withdrawal
- Name, address and telephone number
- Any termination procedure for subscription-type services
Any reference shall be directly related to the service offering.
14.2.1 Digital media (Internet and WAP) via link
In the case of Internet-based services and other services not provided via a non-durable medium, the end user shall not be placed under time pressure during the purchase and before the purchase is carried out. This could be a reduction in the time available to the customer to decide whether to purchase, for example by adding a timer function instructing the end user to press OK before the counter reaches 0.
The reference shall be via a link to the same medium, i.e. web sites shall use web links and WAP shall use WAP links. The reference shall always include information about the 14-day right of withdrawal, e.g. “Se om 14 dages fortrydelsesret og andre informationer på www…” (“For details of the 14-day right of withdrawal and other information go to www…”)
14.2.2 Printed media (for example newspapers, weeklies or monthlies, coupon books) in the publication notes
The reference shall be to publication notes in the same printed medium. The reference shall always include information about the 14-day right of withdrawal, e.g. “Se om 14 dages fortrydelsesret og andre informationer på side…” (“For details of the 14-day right of withdrawal and other information see page…”) Any reference shall be directly related to the service offering.
14.2.3 Non-durable media (radio, TV)
14.2.3.1 TV
All required information must be specified in any marketing of a premium rate service content.
The following required information is defined as mandatory text, and shall be displayed as text on the screen, horizontally and the font size of at least 5% (1/ 20) of the screen height. Font size is measured as the height of uppercase characters, e.g. M or X, of the font being used in relation to that part of the screen that is text-safe.
The required information contains the following:
- Price,
- Provider’s identity (if not the channel itself).
- right of withdrawal. (to be referred to by a short readable www – address)
The following required information can also be disclosed in connection with the broadcasting:
- Service type (for example it can be stated orally during the broadcast that the service is a SMS voting, SMS competition or SMS collection, etc.)
If the service is a subscription service, the mandory text also includes:
- Subscription
If the service is a continuous service meaning that the service continues until it is canceled, the mandatory text also includes:
- Cancellation procedure
Text shall appear on the screen for at least two seconds, plus an additional 0.2 seconds per word. For example text containing 12 words (e.g. “sms til 1xxx for at deltage i afstemningen. xx kroner udover trafiktakst” (“Text 1xxx to vote in the poll. DKK xx plus usage charge”) is 12 words, equivalent to minimum 2.0+12×0.2=4.4 seconds) shall remain on screen for at least 4.4 seconds.
The calculation is not just based on the mandatory text itself – if there is other text on screen at the same time as the mandatory text, the other text shall also be included in the calculation. For example, product names, model numbers and anything else on the same screen are included. For additional guidance, the text shall remain on screen long enough for it to be read out loud at normal speaking rate.
If a service is advertised on TV verbally and is referred to on TV, the price of the service shall be mentioned and if the service is a subscription-based service, this fact shall also be mentioned clearly.
In the case of live TV an exception may be made, on request, from the time requirement above. This requires prior approval by the Operators, who need a processing time of at least 10 working days. Requests may be sent to the points of contact on their web site.
14.2.3.2 Radio
If the service not is provided by the channel operator itself, the content provider’s name shall be mentioned verbally, e.g. Lalandia. 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.
In the case of competitions or polls held during the programme with a premium charge up to and including DKK 5:
- If the end user retains the 14-day right of withdrawal: no requirement for information about the right of withdrawal.
- If the customer has to waive the right of withdrawal: SPEAK: For example “Ved deltagelse fraskrives 14 dages fortrydelsesret” (“By taking part you give up your 14-day right of withdrawal”). (Note that “Ingen fortrydelsesret” (“No right of withdrawal”) is not adequate.)
In the case of competitions or polls held during the programme with a premium charge over DKK 5:
- If the end user retains the 14-day right of withdrawal: SPEAK: “Du har 14 dages fortrydelsesret” (“You have a 14-day right of withdrawal”). Within 24 hours direct information must be sent to the end user explaining how to exercise the right of withdrawal: “Tak for deltagelse i Den hemmelige lyd. (“Thanks for taking part in the “Secret Sound” promotion.) Du kan indenfor 14 dage fortryde købet ved at skrive til (You can cancel your purchase within 14 days by writing to) Den Grønne Slagter Aps, Bogholderivej 14, DK-2100, +4545454637″.
- If the customer has to waive the right of withdrawal: SPEAK: For example “Ved deltagelse fraskrives 14 dages fortrydelsesret” (“By taking part you give up your 14-day right of withdrawal”). (Note that “Ingen fortrydelsesret” (“No right of withdrawal”) is not adequate.)
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.
14.2.4 Goods and services delivered outside the telephone:
For this service type, the invoicing method shall be stated, for example “faktureres via mobilregningen” (“billed via your mobile account”).
