Sign up Login

Netherlands / Premium SMS Regulations

Follow

Market Summary

For a detailed summary of the communications market in the Netherlands please see http://ec.europa.eu/information_society/policy/ecomm/library/communications_reports/annualreports/15th/index_en.htm for more information.

 

Q: How should I promote my services in Netherlands?

 

A: SMS Service Provision Code of Conduct as found at http://www.smsgedragscode.nl/ in both Dutch and English languages. 

 

Considering that,

a) Operators, Mobile Internet Service Providers, and Content Providers agreed on a Code of Conduct in 2009, with the aim of safeguarding legal certainty and transparency for End Users in the market for Mobile Internet Services;

 

b) It was necessary in 2012 to review this Code of Conduct on the basis of experience gained and in order to ensure continued compliance with new and amended requirements of the members of the Foundation and End Users;  (This specifically, of the Recitals is of a purely descriptive nature. In the event of any differences between the terminology used here and the Definitions in this Code of Conduct, the latter will take precedence.)

 

c) three types of parties are, in principle, active in a chain on the market for these Services, namely:

- Operators, which provide End Users with access to Mobile Networks, so that the End User is able to purchase Services;

- Mobile Internet Service Providers, which act as intermediaries between Content Providers and Operators and which ensure the data exchange and database management that makes it possible to provide the Services and make payment transactions;

- Content Providers, which provide the actual Service to the End User;

 

d) The development of the Mobile Internet Services market benefits from secure and reliable payment transactions and transparency regarding the conditions for Mobile Internet Services and related payment transactions;

 

e) The Parties to this Code of Conduct wish to conclude joint agreements in order to promote that security, reliability and transparency;

 

f) Those agreements relate solely to the Services and the related Transactions charged by the Operator to the End User, so that these agreements do not relate to Mobile Internet Services paid by the consumer in some other way;

 

g) The Parties to this Code of Conduct base those agreements on the objective that misleading End Users must be avoided at all times;

 

h) The Parties to this Code of Conduct wish to ensure that End Users will not have to pay:

- for Services that they have not received or not received in full;

- for Services that do not meet justified expectations, or;

- for Services of which the conditions have not been made sufficiently clear in advance.

                                               

i) The Parties to this Code of Conduct also wish to ensure that the interests of End Users are protected in the case of services for which End Users do not need to pay, but for which their personal data, MSISDN and/or ASID are used;

 

j) The Parties to this Code of Conduct wish to ensure that the End User is familiar with his or her other party or parties and that in the case of any complaints, access to a method for solving the complaint or dispute is easy;

 

k) Parties are aware of the fact that, in addition to the provisions of this Code of Conduct, the applicable regulatory framework will continue to apply in full;

 

l) pursuant to Article 7:46(a) ff. of the Dutch Civil Code [Burgerlijk Wetboek], providers of services are required to provide the consumer with sufficient information regarding, inter alia, the identity of the service provider and the nature of the service before there is deemed to be a valid agreement;

 

m) The Parties have drawn up the following text for that purpose;the Operators, Mobile Internet Service Providers, and Content Providers that have signed this Code have agreed as follows:

 

CHAPTER I           GENERAL PROVISIONS

Article 1               Definitions

Affiliate               

A third-party enterprise, not being a Content Provider, which advertises the Mobile Internet Services of such Content Provider.

 

ASID                     

Anonymous Subscriber ID, a unique number issued by the Operator with a view to the recognition of an individual End User by the Mobile Internet Service Provider.

 

Confirmation Screen

The screen shown containing all the terms and conditions of which the End User must actively approve before a Service can be purchased.

               

Content              

Information, images, TV, services, chat messages, sounds, including ringtones, MP3, which are intended for use by or with the aid of the mobile telephone.

 

Content Provider

Supplier of Content supplied to the End User, which Content is charged by the Operator to the End User.

 

Service                

A once-only or subscription offer of Content to an End User, which Content is charged by the Operator to the End User.

 

Downloadable

Content (or a part of such) that may be selected, downloaded and Content stored,  temporarily or permanently, in the memory of the mobile telephone.

 

Once-only Mobile Internet Service

Service whereby the End User receives the entire Content in one go, the total costs of which are known in advance and which is linked to a Once-only Mobile Internet Internet Transaction. An exception is that a Once-only Mobile Internet Service is involved if the nature of the Service is related to the fact that the entire Content cannot be supplied in one go and is supplied in parts, in which context the parts cannot be considered as an independent service.

 

Once-only Mobile Internet Transaction

The authorisation by the End User of the Mobile Internet Service Provider for one Transaction that relates to a Once-only Mobile Internet Service. An exception is that a Once-only Mobile Internet Service is also involved if a Transaction is divided into several partial transactions. This is only the case if the division is necessary for technical reasons and the partial transactions are carried out immediately.

 

End User              A user of a mobile connection of an Operator with which a Service can be purchased.

 

Serious Contravention

A clearly demonstrable significant breach of the Code of Conduct, involving negligence or a deliberate act or omission on the part of one of the Parties.

 

Code of Conduct  

The agreements relating to the offering and maintenance of Services, as laid down in this document.

 

SMS Service Provision Code of Conduct

SMS Service Provision Code of Conduct, including all appendices, dated 1 March 2012 and any amendments and supplements to such (also referred to as the ‘SMS Code of Conduct’).

 

Compliance Office    

The authority that carries out the Foundation’s supervisory and enforcement duties.

 

Multiple Mobile Internet Transaction

The authorisation by the End User of the Mobile Internet Service Provider for several Transactions that relate to a Once-only Service.This is the case in relation to authorisations for paying/purchasing per level, per message, per content item, per search, per 10 minutes, x downloads per week, y messages per month, per match, but not in the case of authorisations for payment per click.

 

Mobile Internet Service Provider

A party that is directly connected to the Mobile Network of one or more Operators and which enables the Content Providers to offer Services to End Users via that Mobile Network (or those MobileNetworks) (also referred to as gateway or provider).

 

Mobile Internet Service Provider Platform

The location within the Mobile Internet Service Provider’s domain and possibly the hardware of the Mobile Internet Service Provider and corresponding software that is connected to the Operator Platform and the platform on the part of the Content Provider.

 

Mobile Network

The operational Mobile Network run by the Operator consisting of the GSM network in combination with a data network based on GPRS (General Packet Radio System) and/or UMTS (Universal Mobile Telecommunications System) and/or HSDPA (High-Speed Downlink Packet Access) and possibly in the future other suitable data networks based on various standards.

 

Operator Platform

A specific combination of hardware and software used by the Operator, which is linked to the Mobile Network and offers an interface to Mobile Internet Service Providers, Content Providers and indirectly to End Users.

 

Operators          

Providers of Mobile Networks. For the purpose of this Code of Conduct, such will be understood to include providers of public mobile telecommunication services without their own network, which use the Mobile Network of a third party via whose network End Users can purchase Services, such as Service Providers, MVNOs (Mobile Virtual Network Operator) and MVNEs (Mobile Virtual Network Enabler) parties.

 

Parties                 

The signatories to this Code of Conduct and the parties to which this Code of Conduct applies pursuant to a contractual relationship between one of the signatories and another party.

 

Foundation        

The Mobile Services Codes of Conduct Foundation [Stichting Gedragscodes Mobiele Diensten] or the legal successor or successors of that Foundation.

 

Transaction        

A payment request from the Mobile Internet Service Provider to the Operator to charge costs to the operator’s End User for a Service.

 

URL                       

Abbreviation for Uniform Resource Locator. This concerns a label that refers to an Internet information source, such as a mobile Internet page.

 

Welcome Screen

The first screen shown to the End User after he or she has registered for a Service that is linked to a Multiple Mobile Internet Transaction.

 

Article 2               Code of Conduct

1. The Parties to this Code of Conduct undertake to comply with the provisions of this Code of Conduct. If a Party to this Code of Conduct concludes an agreement with a party not associated with this Code of Conduct and that agreement relates to services associated with this Code of Conduct, the former Party will make compliance with this Code of Conduct and any amendments and supplements to such obligatory in that agreement.

2. Existing agreements will be adapted in such a way as to ensure that this Code of Conduct will also become a part of any pre-existing agreements.

3. The SMS Service Provision Code of Conduct must be observed. If the SMS Service Provision Code of Conduct and this Code of Conduct for Paid Mobile Internet Services conflict, the former will have preference over the latter. There is one exception to this rule, namely the active registration confirmation for a Multiple Mobile Internet Transaction, as stipulated in Article 9, paragraph 2, of the SMS Service Provision Code of Conduct. Following registration by an End User for a Service linked to a Multiple Mobile Internet Transaction, requesting active approval by responding with an SMS message may be replaced by an active confirmation on mobile Internet, as described in Article 15 of this Code of Conduct. The interpretation of terms in this Code of Conduct is separate from the interpretation of terms in the context of the Service Provision Code of Conduct, while no conclusions can be drawn from the addition or lack of provisions or terms in this Code of Conduct in the light of the Service Provision Code of Conduct.

 

CHAPTER II SERVICES

 

Article 3               Misleading advertisements

1. Advertisements for Services may not contain statements, images, suggestions or omissions as a result of which the End User may be misled concerning the nature and characteristics of the services and products offered, the price and the way in which it is calculated, and may also not be misleading.

2. No Service may be offered in a way that results in the Service seeming to have a character other than the actual character, e.g. by suggesting that a prize has been won, a game is being played, or that membership of or affiliation to a club is involved. The above will not prejudice the fact that promotional offers may be made, provided that these comply with this Code of Conduct, the Promotional Offers Code of Conduct [Gedragscode Promotionele Acties], the Service Provision Code of Conduct, the Dutch Advertising Code [Nederlandse Reclame Code] and other regulations in that area.

 

Article 4               Mobile telephones supported

1. A Content Provider must not offer a Service to an End User if it is reasonably known in advance that the Service is not compatible with the mobile telephone concerned.

 

Article 5               Helpdesk for End User or Users

1. The Mobile Internet Service Providers and the Content Providers will ensure the existence of an easily accessible helpdesk function for the End User, which will handle complaints and comments relating to, for instance, the quality, price, amounts charged and answer questions relating to, for instance, the operation of the Service on the type of mobile telephone used by the End User. Every Mobile Internet Service Provider will enable every Operator to refer End Users to the helpdesk referred to in the first sentence.

2. A clear link to correct contact information of the Content Provider or its helpdesk must be present on the Content Provider’s homepage and the Confirmation Screen for the Service.

 

Article 6               Erotic content

1. In this Code of Conduct, erotic content will be understood to mean all Content that would qualify for a rating to that effect on the basis of the system used by the Netherlands Institute for the Classification of Audio-visual Media [NICAM].

2. If the Content Provider provides erotic content, the Content Provider will classify the erotic content in question on the mobile Internet page immediately before the mobile Internet page on which the erotic content is offered and the Content Provider will use the system in accordance with the NICAM ‘Kijkwijzer’ guidelines and symbols as stated on http://www.kijkwijzer.nl.

3. A Content Provider may not offer or supply any Content that is prohibited or unmistakably wrongful in any way, including in any event child pornography.

 

Article 7               Downloadable Content

If the Content Provider provides Downloadable Content as a Service, the size of the download will be clearly stated.

 

Article 8               Significant changes in services

1. If significant changes in existing paid Services of Content Providers are introduced, the Content Provider will inform registered End Users at least one month before the change takes effect. In such cases, the End User will be permitted to deregister for the Service without any costs.

2. The Content Provider will inform the End User about the change and the possibility to deregister, doing so in a simple and transparent manner, in any event by continuing to state all relevant information on the mobile Internet page used by the End User for purchasing the Service.

 

Article 9               End User recognition

If ASID and/or MSISDN are used when offering a Service, independent of whether a Transaction is linked to such, the following will apply:

a. If the Service uses End User recognition with the aid of ASID and/or MSISDN, such must always take place on the basis of up-to-date, non handset-related data from the Mobile Network.

b. Providing ASID and/or MSISDN data to third parties and/or linking customer and/or personal data to other data files, whether or not belonging to the Service, is not permitted, unless the End User has given prior explicit permission.

c. The Mobile Internet Service Provider and the Content Provider will guarantee the Operator and the End User that they will observe all applicable regulatory frameworks when using ASID and/or MSISDN.

d. If End User recognition via ASID and/or MSISDN is not possible, for example because the End User is connected to the Mobile Internet by Wi-Fi, it is permissible to explicitly ask the End User for his/her telephone number on the Mobile Internet Page. The End User must receive a free SMS message in confirmation, containing a unique link to the required Confirmation Screen. The further registration procedure is subject to and follows the provisions of this Code of Conduct.

 

Article 10             Privacy

1. In so far as the Operator issues personal data to the Mobile Internet Service Provider or the Content Provider, the Mobile Internet Service Provider or the Content Provider may only process this personal data if and in so far as such is required for the supply of the Service to the End User or if and in so far as the End User has given prior explicit permission for such.

2. The processing of personal data by the Mobile Internet Service Provider or the Content Provider must meet the requirements of the Dutch Data Protection Act [Wet Bescherming Persoonsgegevens] and the Telecommunications Act [Telecommunicatiewet]. In any event, the Mobile Internet Service Provider and the Content Provider must inform End Users in a simple and accessible manner on or via the mobile Internet site for the Service of the purposes for which they are processing the personal data of End Users.

 

Article 11             Services overview

1. The Foundation will open a central mobile Internet page (URL) at www.payinfo.nl that provides the End User with a real time overview of all Services he or she purchases or has purchased in the three preceding months. In any event, the following up-to-date information about every Service will be provided on the site:

a. Name of the Service;

b. Rate;

c. Frequency and time unit, if applicable;

d. Date and time at which the Service or Services were purchased;

e. Contact details for the helpdesk, comprising at least an e-mail address and a

Dutch telephone number (maximum charge EUR 0.15 per minute);

f. The way in which the End User can deregister or the possibility for the End User to register for the Service, if applicable;

g. The name with which the Content Provider of the Service is registered with the Chamber of Commerce (including any trade name or brand name used);

h. A link (URL) to the Content Provider’s website address that links to accurate and proper information on the Content Provider’s website where primary and immediately clearly legible information is given regarding in any case the Service, the costs, and accessibility data such as the Dutch telephone number (maximum charge EUR 0.15 per minute), the e-mail address of the helpdesk, the visiting address and the Chamber of Commerce and VAT

numbers, as well as the name under which the Content Provider is registered with the Chamber of Commerce (including any trade name or brand name used). In the case of a foreign entity, the foreign Chamber of Commerce number and the country of the relevant Chamber of Commerce must also be given.

i. The name under which the Mobile Internet Service Provider for the relevant

Service is registered with the Chamber of Commerce (including any trade

name or brand name used).

2. The Mobile Internet Service Providers will offer the information required for the central mobile Internet page referred to in the first paragraph of this article in accordance with a specification to be determined by the Foundation.

3. The invoices sent by the Operators will refer to the central mobile Internet page as referred to in the first paragraph of this article, namely www.payinfo.nl.

4. The Parties to this Code of Conduct will ensure that the functionalities as referred to in the first paragraph of this article are also made accessible for their own telephone helpdesks, as well as for the helpdesks of the Operators.

 

Article 12             Use of the mobile telephone

1. Registering for or purchasing a Service by means of tacit approval is not permitted.

2. Without prejudice to the other requirements based on legislation or this Code of Conduct, a Service may be supplied only if confirmation of purchase, as referred to in Article 14, or confirmation of registration, in accordance with Article 15, has been made from the mobile telephone of the End User to whom the Service is being supplied. If the initial registration takes place via a website or telephone number, the final registration must also take place via the mobile handset (06 number or ASID) in question.

 

CHAPTER III TRANSACTIONS

 

Article 13             General provisions relating to transactions

1. The Mobile Internet Service Provider must include a clear description of the Transaction in the payment instruction to the Operator in accordance with the Operator’s specification. That description must contain at least a link to the Content Provider’s helpdesk. The Operator will have a best-efforts obligation to list the relevant information on the invoice sent to the End User.

2. The Mobile Internet Service Provider will guarantee that the rate shown in the Confirmation Screen is in line with the rate charged to the End User and that this is the rate passed on to the Operator for the purpose of the invoicing of the Service to the End User.

3. Without prejudice to other requirements on the basis of statutory provisions or this Code of Conduct, a Service may be provided only if the End User has clicked on ‘Akkoord’ (Approved) in a Confirmation Screen as prescribed in Article 14 or Article 15.

 

Article 14             Once-only Mobile Internet Transactions

1. In the case of a Once-only Mobile Internet Transaction, the Mobile Internet Service Provider will ensure that the End User sees the following Confirmation Screen immediately prior to the actual product purchase, and will ensure that the Confirmation Screen is clear and legible to the End User. It is not permitted to show other information or more blank lines than are shown in the following format.

 

Format 1: Confirmation Screen Once-only Mobile Internet Transaction

Logo / brand name 1

 

Once-only payment for: 2

 

Name of Service: Games 3

Price / item: € 2.50 / item 4

Name of Content Provider: Holland BV (12logo) 5

Helpdesk: www.hollandbv.nl 6

 

Click on ‘Akkoord’ (Approved) to confirm payment via your mobile phone. This also means that you approve the privacy and other conditions. 7

 

Akkoord (Approved)                     Annuleren (Cancel) 8

 

Younger than 16? Ask your parents’ permission.  9

The price includes VAT but excludes the costs for mobile Internet. 10

No right of withdrawal 11

 

Privacy and other conditions 12

Click here to save this page. 13

Back 14

Notes relating to numbers above:

1. The logo of the Service, or the Content Provider, or the brand name in banner format.

2. Statement that a Once-only Mobile Internet Transaction is involved by stating ‘Once-only payment for:’.

3. Name of the Service. This must also show the content category, for example games, ring tones, dance ring tones, wallpapers, video, chat, etc.

4. The price of the Service must be shown unambiguously. The price can be specified per item, per chat, per credit, per request, or unlimited. In the case of unlimited, the duration must be given. With the exception of the euro (€) sign, no abbreviations may be used when stating the price.

5. The name with which the Content Provider of the Service is registered with the Chamber of Commerce (including any trade name used).

6. Helpdesk (link) that links to accurate and proper information on the Content Provider’s mobile website where primary and immediately clearly legible information is given regarding in any case the Service, the costs, and accessibility data such as the Dutch telephone number (maximum charge EUR 0.15 per minute), the e-mail address of the helpdesk, the visiting

address and the Chamber of Commerce and VAT numbers, as well as the name under which the Content Provider is registered with the Chamber of Commerce (including any trade name or brand name used). In the case of a foreign entity, the foreign Chamber of Commerce number and the country of the relevant Chamber of Commerce must also be given.

7. Statement of the following text: ‘Click on “Akkoord” (Approved) to confirm payment via your mobile phone. This also means that you approve the privacy and other conditions’. The privacy and other conditions must include a link to these conditions.

8. The ‘Akkoord’ (Approved) and ‘Annuleren’ (Cancel) buttons must be the same size and colour and must be placed next to one another. The letter size is 16 pixels. The button must not be higher than 2½ times the letter size. If the size of the screen means that it is not possible to position the buttons next to one another, they may be positioned underneath one another, with a maximum of one blank line between them.

9. Statement of the following text: ‘Younger than 16? Ask your parents’ permission.’

10. Statement of the following text: ‘The price includes VAT but excludes the costs for mobile Internet.’.

11. Statement of the following text: ‘No right of withdrawal’. Or a statement of the right to withdraw if it applies.

12. Link to the privacy and other conditions, which include the purpose for which the personal data is being used and the statement that, where applicable, the End User approves the passing on of his or her mobile number to the Mobile Internet Service Provider and the Content Provider.

13. Statement of the following text: ‘Click here to save this page.’. It must be possible for the End User to save this page to a permanent data medium. A screen where an e-mail address can be filled in by the End User after which the content of the Confirmation Screen is sent to the End User by e-mail also complies with this Code of Conduct.

14. Return link to the previous mobile Internet page.

 

2. With effect from 1 April 2012, the Confirmation Screen must be hosted by the Mobile Internet Service Provider that has a direct connection to the operator. The relevant Mobile Internet Service Provider is responsible for making the Confirmation Screen available to an End User for a period of at last two years (within the framework of the applicable privacy and other rules and regulations).

3. With the exception of the logo, the font used on the Confirmation Screen must be Arial.

4. With the exception of the logo and the ‘Akkoord’ (Approved) and ‘Annuleren’ (Cancel) buttons, the letter size used on the Confirmation Screen must be 14 pixels. The height of the logo must be a maximum of 60 pixels or ¼ of the visible width of the phone screen (in portrait orientation), i.e. if the screen is 300 pixels wide, the logo may be a maximum of 75 pixels high.

5. The word ‘gratis’ (free) or similar phrases such as ‘u heeft een prijs gewonnen’ (you have won a prize) may not be used on this page.

6. There must be a clear contrast between the background colour and the font colour so that the Confirmation Screen can be read clearly (for example, yellow on orange, blue on green, and grey on black are not permitted).

7. For a One-Off Mobile Internet Service and as soon as € 50 in costs has been incurred, the End User must receive – once and free of charge – the following information message, which will be sent by the Mobile Internet Service Provider:

 

‘Free message: you are using service 1234. The cost up to now is  € 50. Go to

www.xyz.nl for your service. Info: www.payinfo.nl

 

8. The Mobile Internet Service Provider must effectuate payment via a single payment instruction, as this will ensure that the End User can see a direct link between the Transaction, the Service and the invoice. Contrary to the previous sentence, several payment instructions for one Service are permitted, but only if the nature of the Service makes it impossible to effectuate payment via a single payment instruction.

9. If the second sentence of the previous paragraph applies, the Mobile Internet Service Provider will be obliged to check in advance whether an End User is able to pay the full amount owed for the Service. If that is not the case, the Service cannot be provided. If the Mobile Internet Service Provider cannot check in advance for technical reasons, the Mobile Internet Service Provider may provide the Service on condition that the End User is entitled to acquire the full Service even if the End User is not able to pay the full amount owed for the Service. In that situation, the Mobile Internet Service Provider will be entitled for a period of no more than one month following registration by the End User to collect the amount owed or the remainder of the amount owed.

 

Article 15              Multiple Mobile Internet Transactions

1. In the case of a Multiple Mobile Internet Transaction, an End User can register once for a specific Service provided by a Content Provider.

2. In the case of a Multiple Mobile Internet Transaction, the Mobile Internet Service Provider will show the End User the following Confirmation Screen immediately prior to the actual registration, and will ensure that the Confirmation Screen is clear and legible to the End User. It is not permitted to show other information or more blank lines than are shown in the following format.

 

Format 2: Confirmation Screen Multiple Mobile Internet Transaction

Logo / brand name 1

 

Subscription for: 2

 

Name of Service: Games 3

Price / items per week: € 5.00 / 3 items 4

Name of Content Provider: Holland BV (12logo) 5

Unsubscribe: www.payinfo.nl 6

Helpdesk: www.hollandbv.nl 7

 

Click on ‘Akkoord’ (Approved) to confirm payment via your mobile phone. This also means that you approve the privacy and other conditions. 8

 

Akkoord (Approved)                        Annuleren (Cancel) 9

 

Younger than 16? Ask your parents’ permission.  10

The price includes VAT but excludes the costs for mobile Internet. 11

No right of withdrawal 12

 

Privacy and other conditions 13

Click here to save this page. 14

Back 15

Notes relating to numbers above:

1. The logo of the Service, or the Content Provider, or the brand name in banner format.

2. Statement that a subscription is concerned by stating ‘Subscription for:’.

3. Name of the Service. This must also show the content category, for example games, ring tones, dance ring tones, wallpapers, video, chat, etc.

4. The price of the Service must be shown unambiguously. No abbreviations may be used when stating the price. The price must be given on a weekly basis as well as the number of Content items to be received on a weekly basis. In addition to the above, the price can be specified per item, per chat, per credit, per request, or unlimited. With the exception of the euro (€) sign, no abbreviations may be used when stating the price. If payment is effectuated on a monthly basis, the price and the number of Content items must be specified on a monthly basis. There must be a punctuation mark between the price statement and the frequency notification. If registration costs or similar costs apply, the type of costs must be written out in full, including the price statement, and the costs for the first week (or month)

and following weeks (or months) must be stated separately. Rates per click are expressly prohibited.

5. The name with which the Content Provider of the Service is registered with the Chamber of Commerce (including any trade name used).

6. When stating how to deregister, reference must be made to www.payinfo.nl.

7. Helpdesk (link) that links to accurate and proper information on the Content Provider’s mobile website where primary and immediately clearly legible information is given regarding in any case the Service, the costs, a link to deregister (called ‘deregister’), and accessibility data such as the Dutch telephone number (maximum charge EUR 0.15 per minute), the e-mail address of the helpdesk, the visiting address and the Chamber of Commerce and VAT numbers, as well as the name under which the Content Provider is registered with the Chamber of Commerce (including any trade name or brand name used). In the case of a foreign entity, the foreign Chamber of Commerce number and the country of the relevant Chamber of Commerce must also be given.

8. Statement of the following text: ‘Click on “Akkoord” (Approved) to confirm payment via your mobile phone. This also means that you approve the privacy and other conditions’. The privacy and other conditions must include a link to these conditions.

9. The ‘Akkoord’ (Approved) and ‘Annuleren’ (Cancel) buttons must be the same size and colour and must be placed next to one another. The letter size is 16 pixels. The button must not be higher than 2½ times the letter size. If the size of the screen means that it is not possible to position the buttons next to one another, they may be positioned underneath one another, with a maximum of one blank line between them.

10.Statement of the following text: ‘Younger than 16? Ask your parents’ permission.’

11. Statement of the following text: ‘The price includes VAT but excludes the costs for using mobile Internet’.

12. Statement of the following text: ‘No right of withdrawal’. Or a statement of the right to withdraw if it applies.

13. Link to the privacy and other conditions, which include the purpose for which the personal data is being used and the statement that, where applicable, the End User approves the passing on of his or her mobile number to the Mobile Internet Service Provider and the Content Provider.

14. Statement of the following text: ‘Click here to save this page.’. It must be possible for the End User to save this page to a permanent data medium. A screen where an e-mail address can be filled in by the End User after which the content of the Confirmation Screen is sent to the End User by e-mail also complies with this Code of Conduct.

15. Return link to the previous mobile Internet page.

 

3. With effect from 1 April 2012, the Confirmation Screen must be hosted by the Mobile Internet Service Provider that has a direct connection to the operator. The relevant Mobile Internet Service Provider is responsible for making the Confirmation Screen available to an End User for a period of at last two years (within the framework of the applicable privacy and other rules and regulations).

4. With the exception of the logo, the font used on the Confirmation Screen must be Arial.

5. With the exception of the logo and the ‘Akkoord’ (Approved) and ‘Annuleren’ (Cancel) buttons, the letter size used on the Confirmation Screen must be 14 pixels. The height of the logo must be a maximum of 60 pixels or ¼ of the visible width of the phone screen (in portrait orientation), i.e. if the screen is 300 pixels wide, the logo may be a maximum of 75 pixels high.

6. The word ‘gratis’ (free) or similar phrases such as ‘u heeft een prijs gewonnen’ (you have won a prize) may not be used on this page.

7. There must be a clear contrast between the background colour and the font colour so that the Confirmation Screen can be read clearly (for example, yellow on orange, blue on green, and grey on black are not permitted).

 

Article 16             Supplementary conditions for Multiple Mobile Internet Transactions

1. The following applies to all the screens referred to in this article:

a. With the exception of the logo, the font used must be Arial;

b. With the exception of the logo and the ‘Akkoord’ (Approved) and ‘Annuleren’ (Cancel) buttons, the letter size used on the screen must be 14 pixels. The height of the logo must be a maximum of 60 pixels or ¼ of the visible width of the phone screen (in portrait orientation), i.e. if the screen is 300 pixels wide, the logo may be a maximum of 75 pixels high;

c. The word ‘gratis’ (free) or similar phrases such as ‘u heeft een prijs gewonnen’ (you have won a prize) may not be used;

d. There must be a clear contrast between the background colour and the font colour so that the Confirmation Screen can be read clearly (for example, yellow on orange, blue on green, and grey on black are not permitted);

e. With effect from 1 April 2012, the screen must be hosted by the Mobile Internet Service Provider that has a direct connection to the operator. The relevant Mobile Internet Service Provider is responsible for making the Confirmation Screen available to an End User for a period of at last two years (within the framework of the applicable privacy and other rules and regulations).

2. In the case of a Multiple Mobile Internet Transaction, the Mobile Internet Service Provider will show the End User the following Welcome Screen immediately prior to the actual registration, will ensure that the Confirmation Screen is clear and legible to the End User. It is not permitted to show other information or more blank lines than are shown in the following format.

 

Format 3: Welcome Screen

Logo / brand name 1

 

Registration for [Service name] was successful. 2

 

Continue 3

 

For an overview of all payments and to deregister, go to: www.payinfo.nl  4

 

Privacy and other conditions 5

Helpdesk: www.hollandbv.nl 6

 

1. The logo of the Service, or the Content Provider, or the brand name in banner format.

2. The text ‘Registration for [Service name] was successful’.

3. Option button ‘Ga Verder’ (Continue), which refers to a link to a follow-up page of the Service. Continuing may not be determined or influenced by a countdown timer.

4. A reference to the central mobile Internet page as referred to in Article 10, paragraph 1, of this Code of Conduct, with a statement that deregistration information and an overview of payments is also available on this page.

5. Link to the privacy and other conditions, which include the purpose for which the personal data is being used and the statement that, where applicable, the End User approves the passing on of his or her mobile number to the Mobile Internet Service Provider and the Content Provider.

6. Helpdesk (link) that links to accurate and proper information on the Content Provider’s mobile website where primary and immediately clearly legible information is given regarding in any case the Service, the costs, a link to deregister (called ‘deregister’), and accessibility data such as the Dutch telephone number (maximum charge EUR 0.15 per minute), the e-mail address of the helpdesk, the visiting address and the Chamber of Commerce and VAT numbers, as well as the name under which the Content Provider is registered with the Chamber of Commerce (including any trade name used). In the case of a foreign entity, the foreign Chamber of Commerce number and the country of the relevant Chamber of Commerce must also be given.

3. After registering, the End User receives confirmation of the Multiple Mobile Internet

Transaction in an SMS message (free of charge). The content of the message is as follows and refers to the mobile website for the Service:

 

‘Free message: you are using the subscription [Service name]. The cost up to now

is € x/wk, x/items. Go to www.xyz.nl for your service. Info: www.payinfo.nl

 

The mobile website for the Service must contain a link to the Content Provider’s mobile website. That link must be clearly visible. Depending on the Service, the above-mentioned SMS message will state  per item, chat, request, credit, or unlimited. If payment for content is made on a monthly basis, the price must be specified on a monthly basis.

 

4. In order to inform the End User of a current Service that costs more than EUR 5 per week, free information SMS messages must be sent by the Content Provider when the Multiple Mobile Internet Transaction is renewed. The website used is the mobile website for the Service:

 

‘Free message: Your subscription to your service has been renewed. Go to www.xyz.nl for your service. Info: www.payinfo.nl

 

5. In order to inform the End User of the costs, after the start of the Multiple Mobile Internet Transaction, free information SMS messages must be sent by the Content Provider. The website used is the mobile website for the Service:

 

a. For each service and as soon as € 25 in costs has been incurred during the first calendar month following registration, the End User must receive – once and free of charge – the following information message:

 

‘Free message:  You are using subscription service 1234. The cost up to now is € 25. Go to www.xyz.nl for your service. Info: www.payinfo.nl

 

b. On the first day of the following calendar months, the End User will also receive the following free information message if more than  € 25 in costs has been incurred during the previous calendar month.

 

‘Free message: You are using subscription service 1234. The cost of this service is € x per week.  Go to www.xyz.nl. Info: www.payinfo.nl

 

If payment for content is made on a monthly basis, the price must be specified on a monthly basis.

 

6. All the free information SMS messages to the End User referred in Article 16 must be sent by the Mobile Internet Service Provider via the relevant Mobile Internet Service Provider’s SMS gateway. The SMS Service Provider and the Mobile Internet Service Provider are consequently the same party. This article and all the free information SMS messages referred to in Article 16 apply with effect from 1 April 2012.

7. If an End User clicks on a link to deregister, the End User will be enabled to deregister by means of the following deregistration screen. It is not permitted to show other information or more blank lines than are shown in the following format. Clicking ‘Akkoord’ (Approved) once means deregistering for the Service.

 

Format 4: Deregistration screen

Logo / brand name 1

 

Deregistering from subscription: 2

 

Name of Service: Games 3

Price / items per week: € 5.00 / 3 items 4

Name of Content Provider: Holland BV (12logo) 5

 

Click on ‘Akkoord’ (Approved) to confirm deregistration from the subscription service. 6

 

Akkoord (Approved)                      Annuleren (Cancel) 7

 

Helpdesk:www.hollandbv.nl 8

Back 9

 

1. The logo of the Service, or the Content Provider, or the brand name in banner format.

2. Statement that the Service subscription is being deregistered.

3. Name of the Service. This must also show the content category, for example games, ring tones, dance ring tones, wallpapers, video, chat, etc.

4. The price of the Service must be given on a weekly basis as well as the number of Content items to be received from the Service on a weekly basis. In addition to the above, the price can be specified per item, per chat, per credit, per request, or unlimited. In the case of unlimited, the duration must be given. With the exception of the euro (€) sign, no abbreviations may be used when stating the price. If payment is effectuated on a monthly basis, the price and the number of Content items must be specified on a monthly basis. There must be a punctuation mark between the price statement and the frequency notification.

5. The name with which the Content Provider of the Service is registered with the Chamber of Commerce (including any trade name used).

6. Statement: ‘Click on “Akkoord” (Approved) to confirm deregistration from the subscription service.’.

7. The ‘Akkoord’ (Approved) and ‘Annuleren’ (Cancel) buttons must be the same size and colour and must be placed next to one another. The letter size is 16 pixels. The button must not be higher than 2½ times the letter size. If the size of the screen means that it is not possible to position the buttons next to one another, they may be positioned underneath one another, with a maximum of one blank line between them.

8. Helpdesk (link) that links to accurate and proper information on the Content Provider’s mobile website where primary and immediately clearly legible information is given regarding in any case the Service, the costs, a link to deregister (called ‘deregister’), and accessibility data such as the Dutch telephone number (maximum charge EUR 0.15 per minute), the e-mail address of the helpdesk, the business address and the Chamber of Commerce and VAT numbers, as well as the name under which the Content Provider is registered with the Chamber of Commerce (including any trade name used). In the case of a foreign entity, the foreign Chamber of Commerce number and the country of the relevant Chamber of Commerce must also be given.

9. Return link to the previous mobile Internet page.

 

8. If an End User has deregistered for a Service linked to a Multiple Mobile Internet Transaction, the Mobile Internet Service Provider must show the End User the following screen to confirm the deregistration. The screen must be clear to and easily legible for the End User. It is not permitted to show other information or more blank lines than are shown in the following template.

 

Format 5: Deregistration Confirmation Screen

Logo / brand name 1

 

Registration for [Service name] was successful. 2

 

Continue 3

 

1. The logo of the Service, or the Content Provider, or the brand name in banner format.

2. The text ‘Deregistration for [Service name] was successful’.

3. Option button ‘Continue’.

 

CHAPTER IV COMPLAINTS, COMPLIANCE AND ENFORCEMENT

 

Article 17             Handling of complaints from End Users

With due observance of the basic principles listed below, the End User will be free to decide whether he or she submits questions, comments or complaints to his or her Operator, the Mobile Internet Service Provider facilitating the relevant Service, or the Content Provider offering the Service. The party to which the End User submits a complaint will handle such complaint.

 

1. Handling of complaints by Mobile Internet Service Providers and Content Providers

 

a)      In cases where the End User submits complaints, questions or comments to the Mobile Internet Service Provider or Content Provider regarding the content, operation or communication of a Service provided by the relevant Mobile Internet Service Provider or the Content Provider, the Mobile Internet Service Provider or Content Provider shall provide a satisfactory response. If, for example, the End User wishes to deregister, the service will be halted as soon as possible. A complaint submitted by an End User will always be handled and not passed on to another Party.

 

b)      If the Mobile Internet Service Provider (not being the End User) submits a request for the provision of the (comprehensive) message history to the relevant Content Provider, this Content Provider must provide the requested information within three working days of receiving said request. If this term is exceeded, the Mobile Internet Service Provider will be obliged to compensate the End User in the context of the complaints procedure.

 

c)       If the registration of a Multiple Mobile Internet Transaction proves not to have been in accordance with the provisions of the Code of Conduct, the End User will be presumed not to have given his or her consent for the relevant Service and he or she will be compensated for the amount in dispute. Such compensation will be paid out by the Mobile Internet Service Provider or Content Provider that has handled the complaint, within 30 days of it being established that the complaint is well-founded.

 

d)      The Mobile Internet Service Provider or Content Provider that assumed the handling of the complaint will have a best-efforts obligation to complete such handling within ten working days; if this term is exceeded, the End User will be actively informed by the party handling the complaint. If the End User receives compensation, same will be paid by the party that assumed the handling of the complaint, within 30 days of it being established that the complaint is wellfounded.

 

e)      Mobile Internet Service Providers shall ensure that the Confirmation Screen and, if applicable, the End User’s related message history for the free information SMS message traffic (Service, time, date, mobile number and content) and any costs charged to the End User are stored for at least two years – within the limits of the applicable privacy and other rules and regulations – for consultation in the event of any complaints or disputes. Mobile Internet Service Providers and Content Providers will also be obliged to store such information so as to provide information at the End User’s request and in order to resolve and prevent any cases of fraud. The records of registration must be kept for at least two years following the termination of the Service.

 

f) The obligation to store records as described in the preceding paragraph will apply if the registration for the Service took place before this Code of Conduct entered into force on 1 March 2012; in that event, a one-year obligation to store records will apply, within the limits of the applicable privacy and other rules and regulations.

 

f)       If, after correctly deregistering, the End User nevertheless continues to receive Content, the Mobile Internet Service Provider and the Content Provider will make every effort to solve this problem in the shortest possible term and they will be responsible for the immediate reimbursement to the End User of any user costs that have arisen after the deregistration.

 

2. Handling of complaints by the Operator

 

a) In cases where the End User submits any complaints, questions or comments to the Operator, the Operator will provide a satisfactory response. If, for example, the End User wishes to deregister, the service will be halted as soon as possible. A complaint submitted by an End User will always be handled and not passed on to another Party.

 

b) If the Operator (not being the End User) submits a request for the provision of the (comprehensive) message history, and/or the necessary data for determining whether an End User has taken an informed decision, to the relevant Content Provider, this Content Provider must provide the requested information within three working days of receiving said request. If this term is exceeded, the Operator will be obliged to compensate the End User in the context of the complaints procedure.

 

c) If the registration of a Multiple Mobile Internet Transaction proves not to have been in accordance with the provisions of the Code of Conduct, the End User will be presumed not to have given his or her consent for the relevant Service and he or she will be compensated for the amount in dispute. Such compensation will be paid out by the Operator within 30 days of it being established that the complaint is well-founded.

 

d) The Operator will have a best-efforts obligation to complete handling of the End User’s complaint within ten working days; if this term is exceeded, the End User will be actively informed by the Operator handling the complaint. If the End User receives compensation, same will be paid by the party that assumed the handling of the complaint, within 30 days of it being established that the complaint is wellfounded.

 

e) Mobile Internet Service Providers shall ensure that the Confirmation Screen and, if applicable, the End User’s related message history for the free information SMS messages (Service, time, date, mobile number and content) and any costs charged to the End User are stored for at least two years for consultation in the event of any complaints or disputes. Mobile Internet Service Providers and Content Providers will also be obliged to store such information so as to provide information at the End User’s request and in order to resolve and prevent any cases of fraud. The records of registration must be kept for at least two years following the termination of the Service, within the limits of the applicable privacy and other rules and regulations.

 

f) The obligation to store records as described in the preceding paragraph will not apply if the registration for the Service took place before this Code of Conduct entered into force on 1 March 2012; in that event, a one-year obligation to store records will apply.

 

g) Operators will be entitled, on behalf of Parties, to provide the records of the registration and deregistration obtained pursuant to Article 17(2)(e) plus the overview of the comprehensive Content history to the End User to whom the relevant costs have been charged and guarantee that they are entitled to request such information.

 

h) In addition, the Operators will have a best-efforts obligation to provide for an arrangement for the suspension of the payment obligation in respect of Content provided in the event that the End User contests the payment and/or submits a complaint to the Telecommunications Disputes Committee if they do not have such an arrangement upon this Code of Conduct taking effect. The definitive arrangement will be part of the Code of Conduct.

 

3. Telecommunications Disputes Committee

 

a) The Operators governed by this Code of Conduct are members of the Telecommunications Disputes Committee.

b) Any disputes between an End User who is a natural person and not acting in a professional or commercial capacity on the one hand and one of the Parties to this Code of Conduct on the other regarding the conclusion or performance of the agreement providing for the Services provided or to be provided by the relevant Party may be submitted, either by the relevant End User or by the relevant Party, to the Telecommunications Disputes Committee if it has become clear that the Parties will not be able to resolve their dispute amicably.

c) In the event of any disputes regarding the costs of Services, the Operators undertake not to advance in their defence that the End User’s claim should be disallowed because the Services in question are not provided by the Operator itself or because the Disputes Committee is not competent in respect of such Services.

 

Article 18             Enforcement via the Compliance Office

a) The Foundation will appoint an authority (hereinafter ‘the Compliance Office’) which will carry out the Foundation’s enforcement and supervisory duties.

 

b)  The Compliance Office will be authorised to take enforcement action against any established violations of the Code of Conduct, either at the request of Members of the Foundation or on its own initiative.

 

c)  The Compliance Office will call to account a Party (hereinafter ‘the Party in breach) or one or more natural persons that are or were connected with it by substantially determining or having determined the policies of said Party or Affiliate.

 

d)  If a Party fails to comply with one or more provisions of this Code of Conduct, the member of the Foundation that has established the relevant breach by such Party shall report the breach to the Compliance Office as soon as possible (no later than within one week) following its discovery of same.

 

e) The Compliance Office will determine whether the act violated the Code of Conduct and will, if it is of the opinion that this is the case:

(i)  directly call to account the Party in breach and instruct it to adjust its Services immediately and in any case within two working days of receiving the notice from the Compliance Office in connection with the breach, or to suspend or cancel the relevant Service in such a way that the breach of the Code of Conduct is discontinued within two working days, and/or

 

(ii)  provide the relevant Mobile Internet Service Provider with a copy of the notice of the breach if the Party in breach is a Content Provider, and/or

 

(iii)  in the event of a breach that can be clearly demonstrated and if the Service is not adjusted by the Party in breach within two working days, instruct the Party in breach to cease promoting the relevant Service and to suspend or cancel same, and/or

 

(iv)  in a situation as described in Article 18(e)(iii), the Compliance Office may also instruct the Mobile Internet Service Provider to ensure that the relevant Service is suspended or cancelled.

 

f)  The Mobile Internet Service Providers will be responsible for keeping the Content Providers’ contact information at the Compliance Office up-to-date. The Mobile Internet Service Providers must also provide a regular overview, comprising for each live Service: a link to the Confirmation Screen, the name of the Service, whether the relevant Service is once-only or multiple, the price, and the URL for the Service.

 

g)  Furthermore, if it is of the opinion that the instruction/instructions issued by the Compliance Office pursuant to sub-paragraph e of this Article has/have not been entirely complied with, the Compliance Office will submit a request for enforcement to the Enforcement Committee in the event of a breach of the Code of Conduct, in the manner further provided for in Articles 19 and 20 of the Code of Conduct. Such request must be submitted within four weeks of the expiry of the term referred to in Article 18(e)(i). Also if, in the opinion of the Compliance Office, a ruling on the provision of services or conduct of the Party in breach is desirable, for instance because such provision of services or conduct repeatedly fails to comply with the Code of Conduct, the Compliance Office will submit a request for enforcement to the Enforcement Committee if the Code of Conduct is breached, within four weeks after the most recent contravention, in the manner further provided in Articles 19 and 20 of the Code of Conduct.

 

h)  Furthermore, if the Compliance Office is of the opinion that instructions issued by it pursuant to sub-paragraph e of this Article have not been complied with or have not been fully complied with,the Compliance Office may institute emergency proceedings before the Dutch Advertising Standards Committee [Reclame Code Commissie, or RCC]. The Compliance Office will then submit a complaint to the Advertising Standards Committee on the basis of the instructions because the Compliance Office finds that the special Service Provision Advertising Code is being breached by the

Party allegedly in breach. The Party allegedly in breach and the Compliance Office undertake to be present at the Advertising Standards Committee’s session on the first date available for the hearing to provide a further explanation of the complaint and the defence. Both the Compliance Office

and the Party allegedly in breach undertake to provide the Advertising Standards Committee with information and/or relevant documentation in the shortest possible term to enable the Advertising Standards Committee to reach a decision on the basis of proper information. The decision of the

Advertising Standards Committee will be rendered in writing within three working days of the session and will be considered ‘enforceable regardless of any appeal’. This means that, if the Advertising Standards Committee confirms that the Party allegedly in breach has indeed breached the special Service Provision Advertising Code, the communication or communications in dispute and any other communication or communications of the Party in breach that are essentially equivalent to the communication or communications in dispute may no longer be made public, with immediate effect.  An appeal may be lodged with the Appeals Tribunal [College van Beroep] against the decision of the Advertising Standards Committee within seven days of the date of the decision. The same conditions will apply to proceedings before the Appeals Tribunal as apply to proceedings

instituted before the Advertising Standards Committee. If it becomes clear that the Party in breach has not immediately complied with the decision of the Advertising Standards Committee, the Compliance Office will submit a request for enforcement to the Enforcement Committee. Such request will be submitted to the Enforcement Committee no later than within four weeks of the Compliance Office establishing the non-compliance with the decision of the Advertising Standards Committee.

 

i) Members of the Foundation may lodge an appeal with the Enforcement Committee against the finding by the Compliance Office within thirty days of the request of the Compliance Office being filed in the manner described in Article 18(e) and (l). If a Party wishes to lodge an appeal against a finding by the Compliance Office, such Party must be a member of the Foundation, in which case the appeal may be submitted to the Foundation’s secretariat. If a Party wishes to lodge an appeal against a finding by the Compliance Office and this Party is not a member of the Foundation, the appeal may be submitted to the Foundation’s secretariat upon the payment of an annual fee to be determined by the Foundation.

 

j) The Compliance Office, at its own discretion but within the limits of the applicable privacy and other rules and regulations, may call on Parties to provide log data and/or marketing communications and/or weblogs for investigation of possible contraventions of the Code of Conduct. ‘Log data’ means the Confirmation Screen and, if applicable, the related message history for the free information SMS traffic (Service, time, date, mobile number and content) in relation to an End User. Parties are obliged to provide this information within two working days.

 

k) In the event of a serious breach of the Service Provision Code of Conduct that can be clearly demonstrated, an Operator can submit a request for enforcement directly to the Enforcement Committee.

 

l) In the event of agreement between the Compliance Office and the Operators regarding a Serious Contravention, the Compliance Office may instruct the Party that is in breach to take the following action within two working days: to cease promoting the relevant SMS Service, to suspend the relevant SMS Service (to cease charging costs to the End Users concerned), to cancel the relevant SMS Service, and/or to inform users of the SMS Service of the possibility of a refund. If the Party that is in breach fails to comply with the instructions of the Compliance Office, the SMS Service Provider will be obliged to comply with the request to suspend the relevant SMS Service (to cease charging costs to the End Users concerned) or to cancel the relevant SMS Service. The SMS Service Provider will be obliged to do this within two working days after receiving the request from the

Compliance Office. If the Party that is in breach disagrees with the decision by the Compliance Office and the Operators, the Party that is in breach may lodge an appeal with the Enforcement Committee in the manner described in Article 18(i). If the Party that is in breach submits an appeal, there will be no instruction that it inform users of the SMS Service regarding a refund; this possibility with then form part of the decision that may be handed down by the Enforcement Committee. If

it so wishes, the Compliance Office may submit a request for enforcement to the Enforcement Committee within four weeks after the instruction has been issued.

 

m) Where Article 18 refers to the period of two working days, that period will commence at midnight on the next working day. For example: if an instruction is issued by the Compliance Office at 14:12 hours on 2 February, the period will commence at 00:00 hours on 3 February.

 

Article 19             Enforcement Committee for Mobile Services

1. An Enforcement Committee for Mobile Services (hereinafter ‘the Committee’) has

been established.

2. The Committee has three independent members. The Committee consists of a judge, a scientist, and a person with a knowledge of the sector. The members will be appointed for a three-year period by the members of the Foundation’s Board. The members may be re-appointed.

3. The members will carry out their duties independently and may not have any interests of any nature in or related to Parties to the Code of Conduct.

4. The members of the Committee cannot be removed from office during their term, unless they so request at their own initiative, unless they breach paragraph 3 of this Article or unless they seriously neglect their duties.

5. The Committee will receive secretarial and financial support from the Foundation.

6. The members of the Committee will receive an expense allowance – to be determined by the Board – for every request for enforcement handled.

 

Article 20             Duties and powers of the Committee

1. At the request of the Compliance Office, Operator, or a Party lodging an appeal against a finding by the Compliance Office pursuant to Article 18(e) of the Code of Conduct, it will be the Committee’s duty to rule on the act of a Party or one or more natural persons that are or were connected with it by substantially determining or having determined the policies of said Mobile Internet Service Provider, Content Provider or Affiliate that was assessed by the Compliance Office. The Committee will determine whether the act breached the Code of Conduct and, if the Committee finds that this was indeed the case, it will impose an appropriate penalty in accordance with paragraph 2 of this Article.

2. The Committee will impose a sanction only if it is convinced that the Code of Conduct has been breached and the procedure laid down in Article 18 of the Code of Conduct has been followed.

3. In derogation from paragraph 2, the Committee may also impose a penalty if, although the breaches of the Code of Conduct were reversed following the first warning, there has been a Serious Contravention and/or the Code of Conduct was repeatedly breached by the Operator, Mobile Internet Service Provider, Content Provider, Affiliate or one or more natural persons as referred to in Article 20(1) of the Code of Conduct, in such a way as to render the breaches structural in nature.

4. By way of a penalty, either separately or combined, the Committee may:

a. issue a reprimand;

b. impose a penalty up to a maximum of EUR 100,000 per established breach;

c. supplementary to Article 20(4)(b), in the event of a repeated breach by one and the same Affiliate or Content Provider of a Mobile Internet Service Provider of the special advertising code in respect of the provision of Services, the Committee may impose a penalty of EUR 25,000 per Affiliate or Content Provider;

d. prohibit the provision of certain services during a specified period of time;

e. prohibit a legal entity or a natural person connected to same in the capacity of a managing director from offering Services to End Users during a specified period (blacklist);

f. impose the obligation to issue rectifications;

g. impose the obligation to provide compensation for any demonstrable damage;

h. impose an order subject to a coercive penalty payment if the Party in breach does not comply with the penalty in a timely manner;

i. take other measures which it considers proportional and appropriate. In addition, the Committee may determine that the costs of handling the

request should be borne by the Party or Parties that have been found to be in breach for purposes of the penalty, subject to a maximum of EUR 4,500.

5. The Committee’s decisions will be binding on all Parties to the Code of Conduct.

6. The Compliance Office will supervise the compliance with the Committee’s decisions.

7. The Committee’s decisions will be published on the Foundation’s website, taking account of requirements related to corporate confidentiality.

8. The Committee will refrain from rendering any decision or imposing any penalty if, prior to such, the request is withdrawn.

9. The Committee will draw up Regulations on the Enforcement of the Code of Conduct [Reglement Handhaving Gedragscode] which will be communicated to the Parties to the Code of Conduct. The Regulations will describe, among other things, the procedure and terms applied by the Committee before it renders a decision. The procedure will meet the reasonable requirements of transparency, objectivity and non-discrimination.

 

CHAPTER VFINAL PROVISIONS

 

Article 21 Code of Conduct’s entry into effect

1. This Code of Conduct will take effect on 1 March 2012.

2. Without prejudice to Article 18 of this Code of Conduct, an Operator or Mobile Internet Service Provider may discontinue or suspend Services which are not in accordance with this Code of Conduct upon this Code taking effect until they have been adjusted in accordance with the Code of Conduct.

 

Article 22 Amendments to the Code of Conduct

1. This Code of Conduct may be amended in the following manner only:

- the three categories of member parties as described in Article 23 of this Code of Conduct each have 1/3 vote (‘Vote’); and

- within each category, the Vote is divided in accordance with the voting ratio that applies to that category, in which respect each member will have an equal vote in the final Vote of the category;

- if the sum of the votes in favour exceeds 3/5, the amendment will be adopted.

For example:

Category 1: if 4 out of 5 members in this category are in favour, this means 4/5 × 1/3 (=0.264) of the total Vote of this category;

Category 2: if all members in this category are in favour, this means 8/8 × 1/3 (=0.333) of the total Vote of this category;

Category 3: if two of the members in this category are in favour, this means 2/4 × 1/3 (=0.165) of the total Vote of this category;

The outcome of the overall vote will then be 0.762, so that the proposed amendment will be adopted.

2. Amendment proposals to the Code of Conduct may be submitted by affiliated Operators, Mobile Internet Service Providers, Content Providers, OPTA (the

Independent Post and Telecommunication Authority) and legal entities whose object, as stated in the articles of association, is to promote the interests of consumers. Proposals must be submitted by sending same to the Foundation’s postal address.

3. The Foundation will make every effort to provide a first response to the proposed amendment to the party submitting the proposal within one month of its receipt of the proposed amendment.

 

Article 23 Applicability of the Code of Conduct

Parties may become Members of the Foundation and will be divided into three categories, to wit:

Category 1: Operators or other parties, if they facilitate their own Services or Services of Mobile Internet Service Providers and charge such services to End

Users, including mobile and fixed network providers insofar as they offer Services to End Users, insofar as they charge Services to their End Users, either explicitly or as the result of the applicability of this Code of Conduct to their agreement with

the Operator;

Category 2: Mobile Internet Service Providers;

Category 3: Content Providers, either explicitly or as the result of the applicability of this Code of Conduct to their agreement with the Mobile Internet Service Providers.

 

Article 24 Secretariat of the Code of Conduct

The secretariat of the Code of Conduct and its management will be conducted by the Foundation. Any correspondence regarding the Code of Conduct should be sent to the Foundation’s postal address.

 

Article 25 Disputes procedure

Without prejudice to the provisions of Chapter 4 of this Code of Conduct, any disputes regarding this Code of Conduct must first be communicated to the parties involved and to the Foundation’s Board. If this does not lead to a resolution that is acceptable to all parties to the dispute within six weeks, the dispute will be submitted to the competent District Court in The Hague, The Netherlands.

 

Note: This page is updated as frequently as possible when we are informed from the regulators or mobile operators in Netherlands of a change or update in regulations. There may be a latest version of Premium SMS, Mobile Payments or Short Code Regulations in Netherlands, Please contact your account manager for more information.

 

You can read more about Mobile Payments in Netherlands on our mBILL site.

 

who's a complete slag
Was this article helpful?
0 out of 0 found this helpful

Comments

Powered by Zendesk