New framework agreement on mobile content and commercial services

Date 21 maj. 2010

On 1 May 2010, a Framework Agreement for mobile content and commercial services version 5.0 (the ”Agreement”) went into effect, replacing the previous version 4.0 of 1 June 2008.

 

The Agreement, wich was entered into between HI3G Denmark ApS, TDC A/S, Telenor A/S and Telia Danmark, contains a number of amendments and clarifications compared to the previous version. The amendments affect all service providers who provide services at additional costs and goods through third-party vendors. For service providers, it is therefore of utmost importance to be familiar with the amended rules.

 

The Amendments to the Agreement

Requirements regarding information have been additionally clarified in the Agreement. Price information must appear with the same font size as the application code or web address/wap address, and all text message communication from the service provider must contain the correct application code. As for services provided at no additional costs, the provider must include information regarding the type of service offered, and size of the regular data fees as well as the cancellation period applicable to subscription-like services. The amount of time a given text or message must appear on the tv-screen during live and prerecorded services, respectively, has been further clarified. The latter will be effective 1 July 2010.

 

Pursuant to the new Agreement, it will no longer be possible to bind consumers to continuous subscriber-like services. Previously, a cancellation period of maximum 30 days was permissible, but as of 1 October 2010 it is required that the customer may cancel the service immediately, at any time. Additionally, the Agreement contains provisions regulating certain formal requirements to the content of subscription-like services, which are effective as of 1 July 2010.

 

Sanctions for non-compliance have been increased from DKK 1,500 to DKK 3,000 for minor infractions and DKK 6,000 for substantial infractions.

 

For competitions, service providers may, as previsously, charge DKK 12 per service, and maximum DKK 75 per each 24-hour period. In the future, providers will be able to charge a total of DKK 150 per phone number for combinations of fundraising and competitions on a national radio or tv-programme that has a charitable, non-profitable purpose.  

 

Additionally, the Agreement contains new requirements as to charging of services. Service providers must, as a minimum, categorise charging data based on 13 different categories as agreed with the IT sector. These requirements are effective as of 1 October 2010.

 

Lastly, the proper treatment of customer inquiries has been clarified.

 

Analysis of the Amendments to the Agreement

The material changes to the Agreement are considered to be in accordance with the consumer ombudsman’s focus areas, such as price marketing. Moreover, the Agreement now appears more user friendly in that it has been divided into a general part and an operational part.

 

 

The Agreement may be read in its entirety at www.rammeaftalen.dk. If you have questions or require additional information about the Framework Agreement, please contact attorney Dan Moalem (dmo@mwblaw.dk), or junior associate Annacarina Stevelt Staunstrup (ast@mwblaw.dk). 

 

The above does not constitute legal counselling and Moalem Weitemeyer Bendtsen does not warrant the accuracy of the information. With the above text, Moalem Weitemeyer Bendtsen has not assumed responsibility of any kind as a consequence of a reader’s use of the above as a basis of decisions or considerations.