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Denmark - Premium SMS, Short Code Regulations

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The regulations in Denmark caters and covers all of the Mobile Payment types, that includes Premium SMS BillingStandard Rate ServicesShort Codes and Operator Billing.

Regulator

danish-business-authority.jpg 

The Danish Business Authority is committed to creating growth in Denmark through a world class ICT-infrastructure. We administer spectrum and support a market based telecom infrastructure.

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Rammeaftalen - Framework agreement on Mobile Content and Payment Services

The following types of breach shall always be regarded as Major Breaches:

  • Services with adult content, 

  • Breach of maximum amounts as follows:

- Breach of any maximum amounts in the Framework Agreement (DKK 12/75/150/200/225)
- Inadequate pricing information
- Premium rated charging of received chat messages
- Premium rated charging of service notices
- Inadequate termination procedure for subscription services subject to separate premium charging

  • Inadequate correction or blocking of an identified breach within the period specified by the Operator, regardless of whether the breach is major or minor.

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The content provider is required to ensure that the necessary basis for calculating copyright-related fees exists, including KODA fees, and is responsible for ensuring that such fees are paid.

At least the following information shall be provided for zero-charged services:

  • Service types 
  • “+ trafiktakst” (“+usage charge”)
  • Termination procedure for subscription-type services.

 

Carriers

telia.jpgTelia (Orange)            telenor.PNGTelenor (Sonofon)

 

 yousee                    Tre

 

Market Statistics

Summary

Denmark's mobile market has shown steady growth despite the country having one of the highest mobile penetration rates in Europe. Growth has been stimulated by consumer demand for data services, and this is set to continue strongly during the next few years in the wake of the award of licenses in 2010 for 2,5GHz spectrum. All four main operators TDC Mobile, Telenor Denmark, Telia and Hi3G planned to develop LTE services, supplementing their existing HSPA upgraded networks.

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Geography
Area: 43,094 sq. km. (16,639 sq. mi.); slightly smaller than Vermont and New Hampshire combined.
Cities: Capital--Copenhagen (pop. 518,574 in Copenhagen and 1,662,189 in the Capital Region). 
*Excluding Greenland and the Faroe Islands

People

Nationality: Noun--Dane(s). Adjective--Danish.
Population (Jan. 2010): 5,511,451.
Annual population growth rate (2009): -4.3%. 
Languages: Danish, Faroese, Greenlandic (Inuit dialect), some German. English is the predominant second language.

Flag: 

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Government
Type: Constitutional monarchy.
Constitution: June 5, 1953.
Branches: Executive--queen (head of state), prime minister (head of government), cabinet. Legislative--unicameral parliament (Folketing). Judicial--appointed Supreme Court.
Political parties (represented in parliament): Venstre (Liberal), Social Democratic, Danish People’s, Socialist People’s, Conservative, Social Liberal, New Alliance, Unity List.
Suffrage: Universal adult (18 years of age).
Administrative subdivisions: 5 regions and 98 municipalities.

Currency

The currency in Denmark is Danish Kroner (DKK), which is divided into 100 øre. Denmark is not part of the EURO-monetary system although major shops may show prices both in Danish kroner and Euro (€).

 

Further Information

For a detailed summary of the communications market in Denmark please see the European Commission site. 

 

Approval Process

The same applies to both shared and dedicated codes. Other than a subscription service (see Service Types), there is no formal carrier or regulator approval process to run on our shared lines in Denmark, for example, we do not have to apply to the carriers or the regulator to get you permission to go live. txtNation will however check your service when you submit your service description as part of the account setup procedure.

As part of the application process for a dedicated short code, you will need to complete a txtNation Customer Care Form (CCF). The CCF is used to submit to the carriers for them to provision the dedicated short code and used ongoing to ensure that your service tests the same as approval. The form and your draft promotions should be submitted in English or English and Danish. You should not put any promotions in a public place before they have been approved. 

Note: There is an additional carrier approval process with subscription services in Denmark.

 

Promotional Guidelines

It should be noted, in particular when advertising services or engaging in any other form of communication relating to the services, the content provider shall include the premium price for using the service and specify that the end user is also required to pay the operator’s tariff for sending a message in relation to the use of the service.

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.

Service Types

Our clients can go live on transactional services, however subscription services need the operators approval and will take roughly 3 - 6 weeks depending on operators availability. Basic transactional services, micropayments, competitions, info Messages, voting etc are available on our shared code.

Services may be provided in the form of charitable appeals, defined as appeals for:

  • Religious communities or churches,
  • Funds,
  • Associations,
  • Sports clubs,
  • Foundations and institutions,
  • Organisations,
  • Political parties,

that have been approved under section 8A(2) or section 12(3) of the Danish Tax Assessment Act (“ligningsloven”).

In the case of charitable appeals, the user is sent confirmation of the contribution to the appeal. The end user may make one or more contributions with a total amount not exceeding DKK 150 in the same charitable appeal per mobile number per 24-hour period.

See http://www.rammeaftalen.dk/framework-agreement/ 

In the case of services created from a number of different service types, the general rule shall be that the applicable rules are the rules providing the highest level of consumer protection. For example, if a service is a combination of a competition service and a charitable appeal service, the maximum amount shall be based on the rules for competitions, although the content provider is also allowed to run a charitable appeal.
If a competition is held as part of a charitable appeal during a national radio or TV programme covering the appeal, the competition may cause a total premium charge of DKK 150 per mobile telephone number, provided that the full amount is used for the charitable purpose.

Competitions offered via “volatile media” such as TV and radio will always be considered to be a single competition, if they are offered by the same content provider on the same channel, in the same programme and within the same 24-hour period.


When providing premium rated services that can be characterised as chat, the parties are required to ensure that the content providers do not subject the end user to premium charging for chat messages received by the end user.

 

Premium rated services offered on the 12XX series shall not be unsuitable for children under 16 and shall not include:

  • Descriptions of sexual or erotic matters.
  • Contact and dating services with a view to sexual activities or other related elements.
  • References to other services or numbers with sexual or erotic content.
  • Descriptions of violence.
  • Games, prize competitions and similar services conflicting with the applicable legislation.
  • Access codes, passwords or similar elements providing access to services with the above content.

Price

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 “+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, such as:

  • The right of withdrawal - section 3 of the Rammeaftaken framework
  • Name, address and telephone number of provider.
  • Termination procedure for subscription-type services.
  • Information about setup if there are special setup requirements (e.g. WAP).

Transmissions via Television:

All mandatory text including pricing information shall be displayed as text on the screen, horizontally and with a font height of at least 5 per cent (1/20) of the screen height. The 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.

Mandatory text is defined as follows: 

  • Price,
  • Service type,
  • Right of withdrawal
  • Identity of provider (unless the TV channel is also the provider).

If the service is a subscription-based service, the mandatory text shall also include the Subscription. In addition, if the service is continuous, i.e. continues until it is cancelled, the mandatory text shall also include the cancellation procedure.

Text shall appear on 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.

Transmissions via 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 of the regulations) 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 5 DKK:

  • If the end user retains the 14-day right of withdrawal: no requirement for information about the rights 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 dagesfortrydelsesret” (“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.

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…”)

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.

Gambling & Competitions

This important information is relevant for those offering competitions, gambling and games for the Danish market.

It is necessary to have a license in order to be able to offer competitions, gambling and games etc; this licence can be applied for at the Danish Gambling Authorities (Spillemyndigheden/SKAT).

It is still possible without a licence to offer competitions at low amounts; for services offered via radio and TV the limit is 5 DKK, for services offered via internet and printed media the limit is very low - 1 DKK. 

Please note, that under the regulations it is not permitted to offer competitions targeted at children and youth. Read more on the rules here: SKAT website & Framework agreement (in Danish only).

 

Message Flow Requirements

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.

The following applies to premium rated services requiring the sending or receiving of a number of premium messages, including subscriptions, chat, games and competitions.


When providing premium rated services requiring the sending or receiving of a number of premium messages, including subscriptions, chat, games and competitions, the Parties are required to ensure that content providers design the service such that the end user has constant control over usage as follows:

The following general provisions apply to subscription-type services:  

  • At the time of ordering, the total cost of using the services and the amount of any individual premium charges shall be clearly stated.

  • Each individual premium message shall include the termination code or information about the termination procedure (e.g. “Opsigelse: Send “SPORT STOP ” til 1202″ (“To unsubscribe: Send ” SPORT STOP” to 1202″)). The end user shall not be subject to further premium charging for receiving this information.

  • The service shall cease after the user sends a “STOP” message
  • If all or part of the premium charging is applied separately for each mobile terminated or mobile originated message, the relevant price shall be clear from the notice text in each individual premium message terminated at the mobile (e.g. "4 kr.", "kr.10", "50 øre"
  • Subscription type services shall cease when the total agreed premium charging has been reached. Continuous subscription-type services are excluded from this.
  • The end user shall be able to cancel the service in the same medium and using the same procedure as for registering.
  • Special information requirements on a durable medium are applicable in respect of the sale of subscription-type services and all services exceeding DKK 75.
  • When the end user’s customer relationship with an Operator ends, the Operator shall send notification to a content provider enquiring about the customer’s status in respect of charging. On the basis of such notification, the content provider shall cancel the subscription-type service in question.

In addition, the following shall apply to continuous subscription-type services:

  • Services intended for children and adolescents (under 18 years) must not be offered as continuous subscription type services.
  • Subscription type services may continue if the end user has accepted a continuous service. When each premium charge is made, the end user shall receive information about the price and how to terminate the service.
  • Continuous subscription-type services shall not be subject to a period of notice, which means that the customer shall be able to terminate with immediate effect.
  • Formal requirements of the text content of subscription-type services:

Confirmation SMS for later charges during the continuous subscription

“Kvittering: (“Confirmation) Du er takseret XX kr. for dit [SERVICE NAVN] abonnement. (You have been charged DKK XX for your [SERVICE NAVN] subscription.) Opsig abonnement: (To cancel the subscription:) Send [KEYWORD] STOP til [ZZZZ]. (Send [KEYWORD] STOP to [ZZZZ].) Udbyder: (Provider:) [NAME]. Tlf. (Tel.) [12345678].” * [Possibly a link to content/web page if a PIN is used] (Services in which the content is delivered in the actual SMS may either be delivered at the end of the confirmation SMS or in a separate SMS later afterwards).

* If the frequency is unknown, for example in ‘breaking news’ type services, the following text may be used provided the price does not exceed DKK 5 per SMS:

“Breaking news-tekst”. (“Breaking news text”.) Denne besked koster X kr. (This text costs DKK X.) Opsig abonnement: (To cancel the subscription:) Send [KEYWORD] STOP til [ZZZZ]. (Send [KEYWORD] STOP to [ZZZZ].) Mvh Udbyder: (Provider:) [NAME]. Tlf. (Tel.) [12345678].”

           Termination SMS - confirmation of termination of continuous subscription

Kvittering: (Confirmation) Dit abonnement på [SERVICE NAVN] er hermed stoppet. (This terminates your subscription to [SERVICE NAME]). [Sincerely/Regards/Thanks [NAME]]. Udbyder: (Provider:) [NAME AND ADDRESS]. Tlf. (Tel.) [12345678].

 

Billing Types

We operate on Limited Charge (LC) Mobile Terminated (MT) billed line on dedicated lines in Denmark. See forum entry "What are the SMS billing types available?" for more information on these billing types.

MSISDN pass through / MSISDN forwarding (MSISDN Billing / WAP Billing) is available in Denmark, and is available on all major networks: TDC, Telia, Telenor. See forum entry "MSISDN Billing, WAP Billing, MSISDN Forwarding" for more information regarding MSISDN Forwarding.

 

Short codes 

On our dedicated code in Denmark, we operate on a 4 digit short code for each carrier, 12XX. 

 

Frequency and Amounts

See section 9 of the framework agreement for full details on the maximum amounts that can be billed per service type. 

 

Tax

The current Danish rate of tax is available via Wikipedia. The out-payments on our rate cards are exclusive of VAT, so if you are VAT registered you can claim a higher outpayment than is shown.

Dedicated Codes

Dedicated codes are available with a 6 - 8 week lead time depending on carrier availability, the carriers approve based on their backlog, the time of year, price point and service type. You can read more about Short Code Coverage, SMS Billing Services and Mobile Payments in Denmark via the txtNation Gateway.

Denmark has the following Mobile Payment options available, all of which fall under these regulations:

  • Premium SMS (P-SMS) including Short Code services
  • Operator Billing (Direct-to-bill)

Additional options for Mobile Payments and Messaging in Denmark include:

  • HLR Lookup
  • Bulk SMS
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