Mobile Services Advertising Code

Mobile Services Advertising Code

Basic principles
This Special Advertising Code applies to advertising for services intended to use on a mobile device of consumers, such as games, chat services, information services and televoting services, which are charged by means of the invoice for a mobile subscription or the PrePaid credit of the mobile device used to purchase the services. The purpose of this Special Advertising Code is to establish clear advertising criteria for paid SMS and Mobile Internet Services in order to prevent misleading End Users regarding the nature, price and features of these services.

 

Article 1. Applicability
1.1   Advertising for paid(1) SMS and Mobile Internet Services is subject to this Advertising Code, without prejudice to the general provisions
of the Dutch Advertising Code (DAC) and the provisions in the Code for Advertising directed at Children and Young People.

(1) A Service consisting of a free offer or free (trial) period, directly followed by a paid offer or paid period, is considered a paid service and falls within the scope of this Advertising Code.

1.2   This Advertising Code applies to advertising for SMS and Mobile Internet Services specifically aimed at the Netherlands.

1.3   This Advertising Code applies without prejudice to existing statutory and self-regulation obligations, particularly obligations based on the
regulatory framework relating to privacy protection, unfair business practices and distance selling and obligations under the SMS and Mobile Internet Services Code of Conduct.

 

Article 2. Definitions

In this Code the following definitions apply:

Mobile service: A service that can be used on an End User’s mobile device, provided by a Content Provider, which is charged by means of the invoice for a mobile subscription or the PrePaid credit of the mobile device used to purchase the services. There are two types of Mobile Services, i.e. SMS Services, to which provision the End User agrees by sending an SMS message to the Content Provider, and Mobile Internet Services, to which provision the End User agrees by clicking a button or a link on an internet page.

End user: User of a connection through which Mobile Services can be purchased.

Content provider:  The provider of a Mobile Service with whom the End User enters into the agreement regarding the purchase of the Mobile Service.

Subscription service: Mobile Service of a periodically recurrent nature which requires unsubscribing to terminate the service, explicitly including ‘1-to-many chat services’ (in which a message is sent to multiple persons, with their consent, as a result of which a response may be received from multiple persons).

Chat service: Mobile Service of a possibly long-term nature, because End Users can continue to chat, which may result in increasing costs. This may concern a 1:1 Chat Service (One-Off service in which a message is sent to one person, with his consent, and a response can also be received from one person), or a 1-to-many Chat Service (a Subscription Service in which a message is sent to multiple persons, with their consent, as a result of which a response may be received from multiple persons).

Landing page: The web page that is displayed to the End User before he definitively agrees to the provision of the Mobile Service on a subsequent web page or by replying to an SMS message sent by the Content Provider.

Credit: A credit for End Users allowing them to order (a) Mobile Service(s).

Banner: A graphical advertisement on a web page on which one can click to continue to a landing page or a preceding web page.

Pop-up: A clickable (small) window that opens by clicking on it or when a specific web page loads.

Voice-over: A spoken message during an audiovisual commercial.

Short code: Shortened number used by the Content Provider for (un)subscribing to the Mobile Service.

 
Article 3. Misleading
3.1   Advertising for Mobile Services shall not comprise any statements, pictures, suggestions or omissions which may mislead the End User concerning the nature and features of the offered services, the price and the method of calculation, nor shall they be misleading within the meaning of Article 8 of the Dutch Advertising Code.

 

3.2   If a Subscription Service is advertised, the fact that it concerns a Subscription Service should be stated each time with sufficient emphasis.

 

3.3   Advertising for a Mobile Service in a way that the Mobile Service seems to have another character than its actual character, for example by untruthfully suggesting that a prize is won, a game is played, or that membership of or affiliation to a club is involved, is not allowed.

 

3.4   In case of Chat Services, the Content Provider shall inform the End Users clearly and unambiguously of the (possible) long-term nature of the service and the associated (recurrent) costs.

 

 

Article 4. Minimum requirements for all Forms of advertising
4.1   Advertising Advertisements for one or more specific Mobile Services – regardless of the type and medium – shall comply with Article 3 of this Advertising Code and shall always comprise the following information, which shall be stated in a clear and unambiguous manner:

a.            whether it concerns a Subscription Service or a One-Off service;

b.      if it concerns a Subscription Service, a statement on the minimal duration (if applicable) of the Subscription and an explanation of how the Subscription Service can be terminated;

c.            the major features of the service, including at least the name of the service, the service description and, if applicable, the frequency of the service;

d.            cost involved in the service: in case of a One-Off service the costs per item and in case of a Subscription Service the costs per subscription period, as well as the number of items to receive per subscription period, e.g. €6/week, 4 items/week;

e.            the minimum age for purchasing the Mobile Service (at least 16 years);

f.             in case of Credits: which services can be purchased and at what number of Credits;

g.            in case of a Chat Service: whether the chat takes place with one or with multiple persons, the price per message, the maximum number of messages to be received in relation to each sent chat message and, in case of adult Chat Services, the minimum age of 18 years for using the service and in the case that the advertised chat profile and the real identity dissent: “fictitious characters – no dating possible”;

h.            reference to the website address of the Content Provider. This website shall comprise at least: the name under which the Content Provider is registered with the Chamber of Commerce (including, if different, the trade name used) and the business address of the Content Provider, costs of the service, how to unsubscribe to the service, the contact details of the customer service (email address and phone number), Chamber of Commerce registration number, VAT number, the general terms and conditions of the service, a list of suitable telephones and devices (if applicable) and the privacy statement. This information shall be available in a clearly legible and easily accessible manner (2).

(2) Easily accessible is understood to mean within 2 clicks from the homepage.

 

4.2   When stating the price no abbreviations shall be used, save the official euro symbol (€) and “VAT included”.

 

4.3   Articles 3, 4.1 and 4.2 also apply to printed and/or digital text and line advertisements (e.g. Twitter) which necessarily cannot consist of more than 5 lines of text, or 140 characters.

 

4.4   An advertisement, such as a Banner or Pop-up, which exclusively aims to draw attention (a so-called teaser) to (the sale of) a Mobile Service and which does not comprise any Shortcode or any other means to contract the Mobile Service immediately, does not need to comply with all requirements in Article 4.1.

Comment: In order to asses if the advertisement  violates this Advertising Code, all circumstances shall be taken into account, as well as the reasonableness and fairness and the extent of the relevant advertisement.

 

4.5   The minimum age for ordering a Mobile Service is sixteen (16) years, unless the Mobile Service is ordered with parental consent (or a legal guardian’s consent).

 

4.6   Content Providers shall not advertise Mobile Services on websites or through media which by their nature specifically target, in full or in part, minors under the age of 16 years. Mobile Services advertising shall not be broadcasted on radio or television directly prior to, during, or directly following programmes which by their nature evidently target children or programmes which, according to audience statistics as generally accepted in the market, are viewed or listened to for more than forty (40) % by minors under the age of 16 years.

 

Article 5. Supplementary Requirements to Promotional Campaigns
5.1   If an advertisement promotes a (free) service, product, gift, loyalty action, contest or any other benefit, but the End User must order a(nother) Mobile Service in order to obtain the promoted offer, this must be communicated in that advertisement with at least equal emphasis. Furthermore, the most important features of the Mobile Service shall be clearly stated.

 

5.2   The expression “free”, or a similar expression, shall only be used in advertisements for Mobile Services if no (additional) costs will be charged for that offered for free.

Comment: A service, product, subscription period or any other benefit is not “free”, nor shall it be called “free”, if it is linked to a Mobile Service for which higher cost are charged than for the same Mobile Service without that “free” offer. The burden of proof  that no higher costs are involved lies in this respect with the Content Provider.

 

Article 6. Supplementary Requirements to Landing Pages
 
Without prejudice to the information requirements that apply to an invitation to purchase in relation to a distance agreement, as stated in Article 8.4 in f et seq. of the general section of the Dutch Advertising Code, the following applies:
6.1.   If a Content Provider uses a Landing Page which fully complies with the template included in Annex 1 (for a Landing Page on desktop internet) or Annex 2 (for a mobile web page) of this Advertising Code, and is not misleading, the Landing Page will be considered to be in accordance with the requirements of this Advertising Code.

6.2.   If a Content Provider does not adopt a Landing Page according to the template in Annex 1 or 2 of this Advertising Code, the Landing Page shall at least comprise, in addition to the information requirements in Article 4.1 of this Advertising Code, in a clearly legible and unambiguous manner, which must be completely visible on the screen, the following information:

a.     the name under which the Content Provider is registered with the Chamber of Commerce (and, if different, the tradename used), the business address of the Content Provider and the Chamber of Commerce registration number;
b.    the telephone number and email address of the Content Provider’s customer service;
c.     a reference to the general terms and conditions (of delivery) as well as a privacy statement and details of where these can be found;
d.    a notice that this Advertising Code applies;
e.     the (other) information as stated in the template included in Annex 1 (for a Landing Page on desktop internet) or 2 (for a mobile internet page) of this Advertising Code.

 

6.3.   If it concerns a Subscription Service, this shall be clearly and legibly stated in the subscription title of the Landing Page. The statement shall have at least equal emphasis as the rest of the text in the subscription title as reproduced in field 1 in the template as included in Annex 1 and 2 of this Advertising Code.

 

6.4.   The ‘Artwork’ and the ‘Call to action’ as referred to in field 2 and field 3 respectively in the template included in Annex 1 and 2 of this Advertising Code shall always relate to the Mobile Service itself. If the Artwork and/or the Call to action also include advertisements for a promotional campaign as mentioned in Article 5 of this Advertising Code, the advertisements for the promotional campaign shall not be displayed with more emphasis than the advertising for the Mobile Service.

 

Article 7. Specific terms for Audiovisual Advertising

7.1     The If one or more specific Mobile Services are advertised in spoken word, possibly combined with moving and/or still pictures, including for instance but not exclusively, radio commercials, television commercials and advertising in or during a programme broadcasted or made available on television or (mobile) internet, the advertisement does not need to be followed by a Landing Page, if the advertisement includes at least the information requirements from Article 4.1 in a clearly legible format and for a distinct duration and/or in a clearly audible manner, and this shall also meet the other requirements of this Advertising Code. This applies to text-advertising on television as well. The information required in Article 4.1 sub h does not need to be included in radio-commercials.

7.2      Article 7.1 does not apply to audiovisual advertising on the internet in which the user is invited to click on a link or button in order to subscribe to the Mobile Service. In that case, however, use of a Landing Page is obligatory.

 

7.3      In audiovisual advertising consisting of moving pictures it shall be stated in a Voice-over, which must be clearly understandable, that it concerns a Subscription Service (if applicable), as well as the total costs in euros per subscription period for the Subscription Service. If it concerns a One-Off Mobile Service, only the costs have to be stated in the Voice-over, with the exception of televoting within the context of a programme in which the host calls on the audience to vote and the price is clearly visible on the screen, without any abbreviations. In Chat services, the Voice-over, which must be clearly understandable, must state ‘fictitious characters – no dating possible’ if it concerns a fictitious character.

 

Article 8. Complaints
8.1
Anyone who believes that an advertisement of a Content Provider violates this Advertising Code may submit a complaint, in writing or by email, with the Content Provider in question. The Content Provider shall examine the complaint and inform the complainant within 3 business days about the outcome of this examination.

 

8.2
The complainant who has not been informed within 3 business days or who considers the settlement of his complaint unsatisfactory, may submit a complaint to the Advertising Code Authority (Stichting Reclame Code), in accordance with its bylaws and regulations.

 

 

Article 9 Entry into Force
9.1   This revised Advertising Code (first version dated 1 April 2009) enters into force on 15 September 2019 and has a transition term of 3 months. This means that Content Providers must have adjusted their advertisements within 3 months after the entry into force of this Advertising Code.

 

9.2   In principle, this Advertising Code has been adopted for two years and will be extended by a period of two years each time.

 

9.3   In principle, the Advertising Code will be evaluated every other year.

 

APPENDIX 1 DESKTOP INTERNET LANDING PAGE

1. Subscription Title

This is obligatory and shall comprise at least the following information:

·         Character of the Mobile Service (e.g. unlimited games, quiz service, chat service etc.);

·         Whether it concerns a One-Off service or Subscription Service. This shall be communicated in full and shall not be abbreviated;

·         Price of the Mobile Service. E.g. €5/week, or in case of a One-Off service e.g. €1.50/message or €1.50/item. When stating the price, no abbreviations shall be used. If payment of the content is made on a monthly basis, the price and number of content/credit items shall be stated on a monthly basis.

 

Font: Arial

 

Minimum Font size: (14 PTS/72 DPI)

 

Colour setting: there must be a clear contrast between the background colour and the font colour, so the subscription title is clearly legible. The WCAG score of the text and background shall be 7.1 at least.

 

2. Artwork (including logo, product name and description):

The artwork includes the description of the Mobile Service, the brand name and/or promotional campaign (discount or for free). Evidently, the artwork may also be a combination of the various terms (product + brand + campaign). Furthermore, the artwork supports the campaign visually. If the artwork includes information about a promotional campaign, the information about this promotional campaign shall not be displayed with more emphasis than the information about the Mobile Service itself.

 

3. Call to action

This text states the action that is required to order the Mobile Service or to receive information. The call to action can be placed at the left or right of the artwork.

·         The End User must insert his mobile number here;

·         Confirm by clicking ‘send’ or ‘continue’.

The call to action shall always relate to the Mobile Service. If the call to action also comprises advertising of a promotional campaign, then the advertising of the promotional campaign shall not be displayed with more emphasis than the advertising of the Mobile Service.

 

4. Minimum age / suitable devices (if applicable):

The following should be stated here:

·         “Under the age of 16? Ask your parents for permission” (for adult Chat services a minimum age of 18 years applies);

·         “Click here to check whether your device is suitable for this service” (this link must link to the list of suitable devices).

Font: Arial, Minimum Font size: (8.0 PTS/72DPI)

Colour setting: there must be a clear contrast between the background colour and the font colour, so the minimum age / suitable telephones is clearly legible (yellow on orange, blue on green, grey on black, light-blue on dark blue etc. are not allowed).

 

5. Terms and Conditions

The most important conditions that apply to the Mobile Service must be stated here. This includes in any case the following conditions:

•                  If it concerns a Subscription Service, this must be indicated as follows: “This is a subscription service”;

•                  It shall be stated unambiguously what costs are involved in the Mobile Service per subscription period as well as the number of content/credit items to be received on a weekly basis, for example: €6/week, 4 items/week (+ SMS and download cost). When stating the price, no abbreviations shall be used;

•                  Any minimum duration of the Subscription Service;

•                  Explanation of how to terminate the Subscription Service (Unsubscribe? SMS STOP to ‘Short Code’, or in the event of a Mobile Internet Service a reference to Payinfo);

•                  No revocation right or consideration period applies (or if this is the case that right or that period must be states);

•                  Contact details (telephone and email details of the Content Provider’s customer service as well as the name and business address of the Content Provider, the Chamber of Commerce registration number and the VAT number);

•                  General terms and conditions, including a link to the general terms and conditions;

•                  A Notice that the Mobile Services Advertising Code and the SMS and Mobile Internet Services Code of Conduct apply;

•                  A statement that the prices include VAT.

 

Font: Arial, Minimum Font size (10.0 PTS/72DPI).

 

Colour setting: there must be a clear contrast between the background colour and the font colour (yellow on orange, blue on green, grey on black, light-blue on dark blue etc. are not allowed).

 

6. Additional information links:

These are links or references to additional information regarding the service offered. At least the following information links must be included:

•                  General terms and conditions;

•                  Privacy statement;

•                  Code of Conduct;

•                  Helpdesk.

 

The End User must be able to store the conditions described above on a durable data carrier.

 

Font: Arial, Minimum Font size (10.0 PTS/72DPI).

 

Colour setting: there must be a clear contrast between the background colour and the font colour (yellow on orange, blue on green, grey on black, light-blue on dark blue etc. are not allowed).

 

The Landing Page must be fully visible [3] on each screen on which the most common resolution standard is used.

 

The conditions as stated above are specified in the example below:

 

APPENDIX 2 MOBILE INTERNT LANDING PAGE TEMPLATE

1. Subscription Title

The Subscription Title is obligatory and shall comprise at least the following information:
·         Character of the Mobile Service (e.g. unlimited games, quiz service, chat service and the like);
·         Whether it concerns a One-Off service or Subscription Service. This shall be communicated in full and shall not be abbreviated;
·         Price of the Mobile Service, unless the price is already included in the artwork with at least equal emphasis as the information in the subscription title. E.g. €5/week, or in case of a One-Off service for example €1.50/message or €1.50/item. When stating the price, no abbreviations shall be used. If the payment of the content is made on a monthly basis, the price and number of content/credit items shall be stated on a monthly basis.

Font: Arial, Minimum Font size: (14.0 PTS/72 DPI)

Colour setting: there must be a clear contrast between the background colour and the font colour, so the subscription title is clearly legible. The WCAG score of the text and background shall be 7.1 at least.

 

2. Artwork (including logo, product name and description):

The artwork includes the description of the Mobile Service, the brand name and/or promotional campaign(discount or for free). Evidently, the artwork may also be a combination of the various terms (product + brand + campaign). Furthermore, the artwork supports the campaign visually. If the artwork includes information about a promotional campaign, the information about this promotional campaign shall not be displayed with more emphasis than the information about the Mobile Service itself.

 

3. Call to action:

This text states the action that is required to order the Mobile Service or to receive information, such as “next”, “continue” or a synonym. The call to action can be placed at the left, right or in the centre below the artwork. The call to action must always relate to the Mobile Service. Reference to the Promotional Campaign shall only be made with, at most, equal emphasis as the advertising for the Mobile Service itself.

 

4. Terms and Conditions

The most important conditions that apply to the Mobile Service must be stated here. This concerns in any case the following conditions:

•                  If it concerns a Subscription Service, this must be indicated as follows: “This is a subscription service”;

•                  Minimum age for ordering the service;

•                  It shall be stated unambiguously what costs are involved for each subscription period in the Mobile Service as well as the number of content/credit items to be received on a weekly basis, e.g.: €6/week, 4 items/week (+ SMS and download cost). When stating the price, no abbreviations shall be used, except “SMS”;

•                  Explanation of how to end the Subscription Service (Unsubscribe? SMS STOP to ‘Short Code’, or in the event of a Mobile Internet Service a reference to Payinfo);

•                  If applicable: a link to a list of suitable devices;

•                  Contact details (telephone and email details and web address) of the Content Provider’s customer service;

The first three points must be fully visible, without scrolling, on each screen where the most common resolution standard is used. [4]

 

Font: Arial, Minimum Font size (10.0 PTS/72DPI).

Colour setting: there must be a clear contrast between the background colour and the font colour, so the subscription title is clearly legible (yellow on orange, blue on green, grey on black, light-blue on dark blue etc. are not permitted).

Fully visible means that the entire screen, including all the conditions, is directly visible on the screen in the most common resolution standard. If the screen is not fully visible due to the resolution of the computer and/or the internet browser used, and the End User needs to scroll down to view the entire screen, while the Content Provider used the most common resolution standard, the Content Provider cannot be held responsible that the Landing Page is not fully visible.

 

5. Additional information links:

These are links or references to additional information regarding the service offered. At least the following information links must be included:

•                  Unsubscribe;
•                  General terms and conditions;
•                  Privacy statement;
•                  Helpdesk.

Font: Arial, Minimum Font size: (10.0 PTS/72DPI).

Colour setting: there must be a clear contrast between the background colour and the font colour, so the subscription title is clearly legible (yellow on orange, blue on green, grey on black, light-blue on dark blue etc. are not allowed).