1 Page 1 of 50 Framework Agreement on Mobile Content and Payment Services Version 6.0 The Framework Agreement The following Parties have entered into the Framework Agreement on Mobile Content and Payment Services: TDC A/S Telenor A/S Telia Danmark Hi3G Denmark ApS. The purpose of the Agreement is to establish a framework for the provision of mobile payment systems for use with Premium Rate goods and services with the intention of supporting market growth, innovation and consumer protection. Furthermore, the purpose of the Agreement is to guarantee a transparent market for mobile payment and Premium Rate goods and services, with standardised and correct communication to the consumers. The Agreement is subdivided into a general section and an operational section. GENERAL SECTION The Framework Agreement on Mobile Content and Payment Services, Version 6.0, including annexes, shall come into force on 1 July This Agreement supersedes all previous agreement versions.
2 Page 2 of Parties, preamble and scope 1.1 Parties This Agreement has been entered into by the following Parties: Hi3G Denmark ApS TDC A/S Telenor A/S Telia Danmark - hereinafter called the Parties collectively and Operator individually Inclusion of new parties in the Agreement Mobile Operators may enter into this Agreement by submitting a request to the Director of TI (the Telecommunication Industries Association in Denmark (Telekommunikationsindustrien)). On receipt of such request, TI shall without undue delay submit the agreement for signature, and on receipt of the signed agreement, notify the Parties. The Parties to the Framework Agreement may jointly assign their liability and obligations under the Framework Agreement to a company appointed jointly between them. This company will, where applicable, be liable under the Agreement to the Content Providers and will generally enforce it on behalf of the Parties. 1.2 Preamble The purpose of the Agreement is to establish a framework for the provision of mobile payment systems for use with Premium Rate goods and services, with the intention of supporting market growth, innovation and consumer protection. This Agreement applies only to the provision of goods and services provided via a four-digit Application Code in the 1xxx number series which may be charged via the End User s account with the latter s Mobile Company. Furthermore, the purpose of the Agreement is to guarantee a transparent market for such Premium Rate goods and services, with standardised and correct communication to the consumers. The Parties undertake to apply the rules set out in this Framework Agreement to the provision of mobile payment systems in relation to Premium Rate goods and services. With reference to the European Framework for Safer Mobile Use by Younger Teenagers and Children, the Parties undertake the following: to offer parents the possibility of customising their children s mobile phone access, to offer advice and easy access to information about the use of mobile telephone services and the steps that parents can take to ensure that their children use the services more safely,
3 Page 3 of 50 to encourage customers who are parents to talk to their children about how they should handle the problems that can occur when using mobile telephone services, to ensure that customers can quickly access systems allowing them to report potential security problems, to contribute to relevant information initiatives aimed at raising customer awareness of security. This Framework Agreement does not oblige the Parties to offer charging and mobile payment systems in relation to Premium Rate goods and services. When this Agreement is signed by the respective Parties, it shall replace the Framework Agreement on Mobile Content and Payment Services (Rammeaftale for mobile indholds- og betalingstjenester) Version 5.3 of 27 December 2011 including annexes. 1.3 Scope The Agreement, including the maximum amounts laid down therein, is not applicable to general usage charging, telephone subscription payments, payments for USO services, the sale of telephony services, etc., from the End User s own Mobile Company, including: electronic communications networks and services as set out in section 1 and sections of the Danish Executive Order on the Provision of Communications Networks and Services (Udbudsbekendtgørelsen), information and content services, with integrated charging in number series set aside by the Danish Business Authority (Erhvervsstyrelsen) for information and content services (formerly service 900 services), 3-digit short codes in the 11c number series used for provision of USO services or special services essential to society, cf. the services set out in section 22(i), no. 1, and (iii) of the Danish Act on Electronic Communications Networks and Services (lov om elektroniske kommunikationsnet og tjenester).
4 Page 4 of Definitions Adult Content shall mean content of an erotic, sexual or pornographic nature, which is unsuitable for children below the age of 16. Aggregator shall mean an enterprise which is technically integrated with and has an agreement with Mobile Operators, or a company which acts on behalf of the Mobile Operators, for the processing of Premium Rate services. Aggregators resell this integration to Content Providers. An Aggregator is responsible for ensuring that the Content Provider(s) which make(s) use of the Aggregator s services is/are acquainted with and comply/complies with the code of practice of the Framework Agreement. An Aggregator may also act as Content Provider. Application Code shall mean a four-digit number, outside of the Danish numbering plan for landline and mobile numbers, which begins with 1, and by means of which an SMS or MMS may be sent. Content Provider shall mean a provider of Premium Rate goods and services. Continuous Subscription shall mean a subscription that does not have a termination date and which does not need to be re-ordered. A continuous Subscription-Type Service carries on until the End User actively submits a termination request to the Content Provider. Prior to order, the End User shall be expressly informed that the service in question is a continuous Subscription-Type Service. Digital Services shall mean services that are supplied in digital form to the telephone or other digital medium, for example ringtones, wallpapers, SMS polls. Durable Medium shall mean a medium with content that can be reproduced within a relevant period. The following media can be used as Durable Media: s, letters or SMS messages. End User shall mean post-paid customers and pre-paid customers. In the case of post-paid, the End User is the adult customer with whom the Mobile Company has entered into a special agreement (subscription agreement). Post-paid customers are liable under the terms of the agreement and are liable for payment even if use of the mobile telephone has been transferred to a third party. In the case of pre-paid, the End User is the customer who owns a SIM card issued by the Mobile Company, and who can (re)load the SIM card with pre-paid talk time in accordance with the agreement with the Mobile Company. Pre-paid customers are liable under the terms of the agreement, even if use of the mobile telephone has been transferred to a third party. Executive Order shall mean the Danish Executive Order on the Provision of Communications Networks and Services (Bekendtgørelse om udbud af elektroniske kommunikationsnet og -tjenester), No. 715 of 23 June Framework Agreement shall mean the Framework Agreement on Mobile Content and Payment Services in force from time to time and which the Parties have entered into. Mandatory Text shall mean information a Content Provider is obliged to disclose in connection with its advertising as a result of legislation, binding guidelines from public authorities or industry agreements. MMS shall mean Multimedia Messaging Service in accordance with the 3GPP Technical Specifications, whereby a multimedia message can be sent and/or originated from compatible communications equipment connected to the systems of Mobile Operators.
5 Page 5 of 50 MMS-C (Multimedia Message Service Centre, also called MMS-R, Multimedia Messaging Service Relay) shall mean the function used to exchange an MMS between Mobile Operators. MMS MO (Mobile Originated) shall mean mobile originated MMS. An MMS sent from a mobile telephone or other compatible communication equipment. MMS MT (Mobile Terminated) shall mean mobile terminated MMS. An MMS received on a mobile telephone or other compatible communication equipment. In the following, Mobile Originated Message and Mobile Terminated Message are used as generic terms for mobile originated SMS and MMS and mobile terminated SMS and MMS, respectively. Mobile Company shall mean the company with which the End User has a customer relationship, and which handles payments via the mobile telephone bill and/or payments via mobile pre-paid solutions. Mobile Operator shall mean an enterprise with a licence to establish and operate a radio infrastructure for mobile communication in Denmark, or a mobile virtual network operator which has entered into an MVNO agreement with one of the above Mobile Operators. Nonprofit Collections shall mean Nonprofit Collections for religious communities or churches, funds, associations, foundations and institutions, etc., authorised by the police to conduct Nonprofit Collections, or which are in some other manner authorised to conduct Nonprofit Collections under Danish law. Premium Rate shall mean goods and services purchased with associated payment, where payment is made directly or indirectly via the mobile telephone bill/the pre-paid account. Premium Rate via an Application Code, which occurs in relation to barcodes (e.g. 1D barcodes and 2D QR codes), Bluetooth, NFC, ibeacon, apps, , URLs, tags, application software and similar technologies, is covered by the Framework Agreement. Service Type shall mean the general category of a service (see 10.1). Examples include: polls, tickets, competitions, Nonprofit Collections, vending machine purchases, etc. Similar Services shall mean services of the same kind offered by the same Content Provider on the same technical platform and advertised in the same medium. SMS-C shall mean the function used to forward and store-and-forward an SMS message between Mobile Operators. SMS MO (Mobile Originated) shall mean mobile originated SMS. An SMS sent from a mobile telephone or other compatible communication equipment. SMS MT (Mobile Terminated) shall mean mobile terminated SMS. An SMS received on a mobile telephone or other compatible communication equipment. Subscription-Type Service shall mean a service that is not supplied as a stand-alone service that immediately follows the purchase. TI shall mean the Telecommunication Industries Association in Denmark
6 Page 6 of Right of withdrawal (cooling-off period) 3.1 Prior to purchase Information about the right of withdrawal shall be provided prior to each purchase. The information shall include information on the terms, time limit and procedures for exercise of this right. Moreover, information shall be provided about the standard model withdrawal form, which is available here (click here). If the End User chooses to exercise their right of withdrawal, in principle the End User is not required to pay for the goods or service provided. In principle, the End User has a 14-day right of withdrawal. Where the End User withdraws from a service provision agreement, the End User can be required to pay for that part of the service which has already been provided, if, prior to commencement, the End User has expressly requested and acknowledged this, and provided that the End User has been informed of the right of withdrawal and the amount which is to be paid. No information about the right of withdrawal If no information or inadequate information is provided, the End User s right of withdrawal is extended by up to 12 months. 3.2 After purchase Information shall have been sent to the End User about the main features of the goods or service, the total price and charge per billing period, the terms, time limit and procedures for exercising the right of withdrawal, the standard model withdrawal form and any minimum contract period. If, on purchasing Subscription-Type Services, the End User has expressly requested that provision of the service be commenced, the End User shall receive information of said consent and that right of withdrawal will run for 1) 14 days after entering into the agreement or 2) until the service has been delivered in full. All information shall be provided on Durable Media. 3.3 Exceptions A number of agreements are exempted from the provisions relating to the right of withdrawal. This relates to the following (the list is not exhaustive): Non-financial content services which have been completed, provided the delivery started with the End User s express consent and acknowledgement that the right of withdrawal will cease to apply once the service has been fully completed. Delivery of goods produced to the End User s specifications or which have been given a distinctly personal character Vending machine purchases, e.g. drinks, bought from a vending machine
7 Page 7 of 50 Delivery of goods assumed to have deteriorated or aged rapidly, or which, because of their health-protection or hygiene characteristics, are not suitable for returning once the seal has been broken Delivery of sealed sound or image recordings or computer software, where the End User has broken the seal Delivery of newspapers, journals or magazines which are not a part of the subscription (oneoff deliveries) Delivery of digital content which is not delivered on physical media, provided the delivery started with the End User s express consent and their acknowledgement that there is no right of withdrawal Transport, e.g. removals and trips by air, bus, rail, taxi, etc. Nonprofit Collections, e.g. charitable donations Games where a monetary stake is paid for participation, e.g. competitions and lotteries 3.4 What the right of withdrawal means in practice How does the End User withdraw? Before the end of the cooling-off period, the End User must notify the Content Provider in clear and unambiguous fashion that the End User is withdrawing from the agreement. If the End User wants to provide notification in writing for example by letter or the End User simply sends the notification before the end of the period. The End User may opt to use the standard model withdrawal form, but this is not a requirement. Notification that the End User is withdrawing from the agreement must be sent to the relevant Content Provider. The fact that the Content Provider may have delivered the content service in parts shall not limit the right of withdrawal of the End User. In such a case the Content Provider may demand payment for that part of the service which has been delivered provided the End User has been informed of the right of withdrawal and delivery was commenced at the express request of the End User Calculating the cooling-off period The cooling-off period is calculated from the date on which the goods was delivered or, in the case of a content service, from the date the agreement was entered into. In both cases, the period will only run from the time the End User has received information on Durable Media about their right of withdrawal. For example, if the End User orders a goods or service on Monday 1st and receives the above information at the same time, the cooling-off period runs until Monday 15th. If the End User does not receive the information until later, for example Wednesday 3rd, the cooling-off period runs until Wednesday 17th. If the period expires on a public holiday, a Saturday, Danish Constitution Day (5 June), 24 December or 31 December, the End User may wait until the following working day. 4. Supervision and sanctions The Parties to this Framework Agreement undertake the following: 1) To have an agreement with a separate unit, which is independent of the Mobile Operators financial interests and day-to-day running (impartial unit), to perform ongoing random samplings to
8 Page 8 of 50 ensure that the Premium Rate services comply with the relevant legislation and the Framework Agreement, in such a way that the checks meet the requirements below. 2) To require that those parties, including Content Providers, with which the Mobile Operators enter into agreements relating to the usage rights for Application Code used in the advertising or offering of Premium Rate services, adhere to the Framework Agreement and the legislation in general. 3) To ensure that those parties with which the Mobile Operators enter into agreements relating to the usage rights for Application Code require that, in the event of transfer of such usage rights for Application Code, the counter party to such a transfer agreement adheres to the Framework Agreement and the legislation in general. 4) To review that Premium Rate goods or services adhere to the Framework Agreement and the legislation in general, on its own initiative where there is a particular reason for doing so or following an approach by End Users or others. 4.1 Purpose of supervision The purpose of appointing an impartial unit is to carry out a specified number of random samplings of all goods and services offered via applications codes on the Danish market, and to investigate whether the random samplings adhere to the applicable legislation and the Framework Agreement in force from time to time. The impartial unit shall investigate a representative percentage of the goods and services offered calculated using the number of errors in the most recent six-month period, on the basis of 125 random samplings per quarter. The random samplings shall be divided so that 1/3 of them are new goods and services and 2/3 existing goods and services. New goods and services are defined as services that have not been investigated before. The random samplings shall cover the entire offering of Premium Rate services, such that all the various forms of Premium Rate services are checked and the various forms of advertising media and Content Providers are checked. In other words, the random samplings shall include all types of Premium Rate services, including the Mobile Operators own services, and they shall cover Premium Rate services advertised in all forms of media including Internet, TV and printed media, concentrating particularly on high-visibility Premium Rate services. In addition, Premium Rate services shall be checked if there is a particular reason to doubt the actual content of the service. Certain random samplings are carried out outside normal office hours, including random samplings of competitions, etc. linked to TV broadcasts. The impartial unit shall carry out retests of Premium Rate services in the light of any identified breaches of the Framework Agreement and the applicable legislation. As a rule, retests shall take place about one week after the breach is notified to the Mobile Operators. As a rule, the impartial unit shall retest all Premium Rate services found to be non-compliant as well as Premium Rate services of the same type provided by the same Content Provider on the same platform and advertised in the same medium.
9 Page 9 of Documentation and reporting The impartial unit shall ensure that the random samplings and documentation are uniform and consistent, and, for each random sampling, shall provide a substantiated assessment of the degree of compliance of the service with the relevant legislation and the Framework Agreement. The impartial unit may obtain all relevant charging data and similar significant information at short notice from the agreed points of contact of all the Mobile Operators. The Mobile Operators shall provide such information without undue delay. If the impartial unit identifies any breaches of the legislation or material provisions of the Framework Agreement, it shall immediately notify the Mobile Operators. Such notification shall contain a unique identification of the service and the random sampling, relevant documentation (e.g. advertising material and charging data) and a substantiated assessment of the service s breach of the legislation and the Framework Agreement. The notification shall be sent by . The impartial unit shall report to the Mobile Operators in writing every quarter. The quarterly report shall contain an overview of all random samplings carried out, details of compliance with the legislation and the Framework Agreement, and, if applicable, those areas in which the regulations have been breached. 4.3 The Mobile Operators obligations relating to the Danish Consumer Ombudsman (Forbrugerombudsmanden) and reporting On the basis of the impartial unit s quarterly report, the Mobile Operators shall prepare their own quarterly report, adding details of the investigations into Premium Rate services that they have carried out themselves. The report shall also contain the steps taken by the Mobile Operators where breaches were identified. The report shall be sent to the Danish Consumer Ombudsman (Forbrugerombudsmanden), who may release the details to the public. 4.4 Major breaches of the Framework Agreement The following three types of breach shall always be regarded as major breaches: 1) Services with Adult Content 2) Breach of maximum amounts as follows: a) Breach of any maximum amounts in the Framework Agreement b) Inadequate price information c) Premium Rate for received chat messages d) Premium Rate for service notices
10 Page 10 of 50 3) Inadequate termination procedure for Subscription-Type Services and Continuous Subscription services which are subject to a separate Premium Rate 4) Inadequate correction or blocking of an identified breach within the period specified, regardless of whether the breach is major or minor. 4.5 Sanctions for major breaches The Mobile Operators in the Framework Agreement undertake to apply the following sanctions if the Framework Agreement is breached. If a Content Provider has committed a major breach, the Mobile Operator shall immediately suspend access to its mobile network for the Premium Rate services of the Content Provider. If an Aggregator has transferred the right of use of the Application Code to a Content Provider, which committed the breach, the Aggregator is required to suspend access to the Premium Rate services of the Content Provider in question. The Mobile Operator shall be informed in writing. If the Aggregator fails in this obligation, the Mobile Operator may suspend access to the Aggregator s codes. Access to the service is restored when the Mobile Operator has been shown evidence that the relevant breach has ended. If the same Content Provider commits a breach of the same kind, i.e. the same type of breach, within 12 months, the Mobile Operator shall immediately suspend access to the Content Provider s service. If the Aggregator has transferred the right of use to a Content Provider, which committed the breach, the Aggregator shall suspend access for such Content Provider. The Mobile Operator shall be informed in writing. If the Aggregator fails in this obligation, the Mobile Operator may suspend access to the Aggregator s codes. Following such repeated breaches, access to the service shall not be restored until at least 30 days have passed since the date access was suspended. Agreements shall be made between the Mobile Operator and the Aggregator/Content Provider, on the one hand, and between the Aggregator and the Content Provider, on the other, in order to ensure that services that are advertised in breach of the Framework Agreement are suspended. Sanctions shall be applied to those who advertise the service and declare names and addresses in accordance with the Danish Consumer Contracts Act (forbrugeraftaleloven). If two business units within the same group of companies each separately advertise a service in the unit s own name and each separately commit two serious breaches, and the type of breach is the same in both units, the Mobile Operator shall require the counter party to the agreement to suspend the entire service offering from the group of companies for 30 days. Details of the scope and the period of the suspension shall in all cases be passed to the other Mobile Operators and may be published on
11 Page 11 of Minor breaches Minor breaches are clear and simple breaches of applicable rules. The following types of breach shall in principle be regarded as minor breaches: 1) Inadequate information for example relating to the name, address and telephone number of the Content Provider 2) Inadequate information on a Durable Medium 3) Inadequate information about the right of withdrawal Inadequate correction of a minor breach shall be regarded as a major breach. 4.7 Penalties Penalties based on service For each breach of the Framework Agreement identified in a random sampling, a penalty shall be imposed upon the relevant Content Provider of: DKK 3,000 for minor breaches and DKK 6,000 for major breaches All amounts are exclusive of VAT.
12 Page 12 of Customer service The customer shall receive high-quality, relevant customer service for each enquiry and shall not be transferred from one party to another unless there is a particular reason for doing so. Transfers from Mobile Companies to Content Providers may only take place at the time of initial enquiry about the advertising and content of the service. Where the enquiry is made from a Mobile Operator to an Aggregator, and the latter does not carry out customer service on behalf of the Content Provider, the Aggregator must transfer the enquiry to the Content Provider. The End User s Mobile Company is required to handle customer enquiries. Enquiries relating to registration and billing for Premium Rate services (billing and account issues on which the Mobile Company may be assumed to have an influence) shall be handled by the Mobile Company. Enquiries relating to advertising, the agreement, the delivery and the actual content of the service may be referred by the Mobile Company directly to the Content Provider, the End User having been informed that they may contact the Mobile Company again in the event that the Content Provider does not provide a satisfactory response to the enquiry. In its agreement with the Content Provider, the Mobile Operator shall require the Content Provider to handle End User enquiries. Enquiries relating to advertising, the agreement, the delivery and the actual content of Premium Rate services shall be handled by the Content Provider. Enquiries relating to registration and billing for Premium Rate services (billing and account issues on which the Mobile
13 Page 13 of 50 Company may be assumed to have an influence) may be referred by the Content Provider directly to the End User s Mobile Company. The Content Provider shall offer customer service as follows: By telephone In Danish On a Danish telephone number Open and staffed at least four hours a day on weekdays. The Content Provider shall make the necessary data and resources available to the Mobile Company. The Mobile Company is required to suspend collection of a disputed amount in the period from receipt by the Mobile Company of a written complaint until the Mobile Company has notified the customer of its decision in writing. This shall apply regardless of whether the complaint relates to deliverables provided by the Mobile Company or the Content Provider. 6. Application Codes The Parties to the Framework Agreement have designated the following four-digit Applications Codes for use in charging, where payment is made directly or indirectly via the mobile telephone bill/account. 1xxx Subject to the proviso that codes in the 18xx series may only be used for services having a public character (public information, information services, etc.). The gaining of permission to use an Application Code from the 18xx series is conditional on the Danish Business Authority (Erhvervsstyrelsen) having given its permission for the same 18xx number to be used for voice calls. The Application Codes are administered by the Parties to the Framework Agreement or by the company appointed for this purpose. 7. Responsibility for the content and advertising of services When advertising and selling Premium Rate goods and services, the Content Provider is responsible for adhering to the applicable legislation, including the Danish Marketing Practices Act (Markedsføringsloven) and the Danish Consumer Contracts Act (Forbrugeraftaleloven), in particular the obligations arising out of the provisions on distance selling in the Danish Consumer Contracts Act (Forbrugeraftaleloven). Reference is also made to the Danish Consumer Ombudsman s currently applicable Guidelines on Children, Young People and Marketing Practices (Forbrugerombudsmandens vejledning om Børn, Unge og Markedsføring).
14 Page 14 of 50 The Mobile Operator is required to ensure that the Content Providers with which the Mobile Operator enters into agreements are aware of the requirements arising out of the Framework Agreement in force from time to time. It should be noted in particular that when advertising services or engaging in any other form of communication relating to Premium Rate services, the Content Provider shall clearly quote the price for using the service (Premium Rate), and shall specify that the End User is also required to pay the Mobile Operator s End User price for data traffic relating to use of the service. The attention of the Parties is drawn to Premium Rate services directed at children and young people (under 18). The combined amount for purchasing a Premium Rate Service of this type must not exceed an amount which children and young people might be expected to have at their disposal. 7.1 Intellectual property rights 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. 7.2 Advice If the Content Provider is launching/offering new Premium Rate services, including new types of services not described in this Agreement, the Mobile Operator may in certain cases provide guidance with regard to the compliance of the intended service with the Framework Agreement, in response to the Content Provider s specific enquiry. The Mobile Operator s guidance shall be provided on a voluntary basis and the Content Provider may not assert any claims against the Mobile Operator in respect of errors or omissions in such guidance. The Mobile Operators will not give advice on general advertising law or other legal issues, but will refer to the possibility of advance notice from the Danish Consumer Ombudsman (Forbrugerombudsmanden) or private advice. 8. Breach by Content Provider The Mobile Operator is entitled, on its own initiative or following an approach by End Users or others, to review a Premium Rate Service in order to investigate whether the Content Provider is complying with the conditions governing provision of the service. The proceeds of the Content Provider made from reviews of the relevant service shall not be chargeable to the Content Provider. Where a Mobile Operator finds that a Content Provider is not complying with the conditions for Premium Rate services set out in this Framework Agreement, the Mobile Operator is required to inform the other Parties. Any disregard of the conditions in this Framework Agreement or any breach of the applicable legislation by the Content Provider in providing Premium Rate goods and services, including failure to observe the rules relating to distance selling in the Danish Consumer Contracts Act (Forbrugeraftaleloven), shall be regarded as a major breach, entitling the Mobile Operator to cancel the agreement without further notice and to terminate access to the Content Provider s goods and services.
15 Page 15 of 50 Operational section The Content Provider shall follow good practice in terms of both content and payment when offering a Premium Rate Service. Cases involving a breach of the above rule shall be settled jointly in the content and payment group for the Parties to the Framework Agreement. Rulings on such breaches shall be justified on a caseby-case basis, and sanctions will not be applied under the Framework Agreement unless a ruling has been previously made public in similar cases. The operational section consists of the following subsections: Maximum amounts Charging Information requirements Content provisions Special services Examples
16 Page 16 of Maximum amount for charging via a mobile bill/account The following maximum amounts indicate the maximum which may be charged on a mobile bill/account for a service offered via an Application Code, regardless of whether the charge for the service is made directly or indirectly via the mobile bill/account and/or the charge represents all or part of the payment for the service. General services: Services Digital services Physical goods and services Nonprofit Collections General services DKK 200 per service DKK 225 per service DKK 150 per service per 24-hour period* Service as Continuous Subscription DKK 200 per month per service DKK 225 per month per service DKK 150 per month per service *In connection with a charitable lottery, other maximum amounts may apply for Nonprofit Collections, cf. the section below under competitions and games Polls: Services Maximum amounts Right of withdrawal (cooling-off period) Polls on TV and during radio broadcasts DKK 12 per transaction The End User must be informed of their right of withdrawal
17 Page 17 of 50 Services directed at children and young people (under 18): Services Digital services Physical goods and services Total purchase per service regardless of Service Type DKK 250 per month DKK 225 per month One-off services DKK 75 DKK 75 Subscription services DKK 75 DKK 75 Continuous Subscription services Not permitted Not permitted Competitions and games: The following summary is based on the provisions of Danish Act No. 848 of 01/07/2010 on Gaming which entered into force on 01/01/2012. There may be specific questions which the summary does not answer, and in that case it is recommended that a Content Provider contact the Danish Gambling Authority (Spillemyndigheden). Their address is Many types of game and competition require a licence for the provision of gambling (gambling licence) and the regulations governing this may be found on the web site under Online casinos. Content Providers which offer Nonprofit Collections which are linked to a competition must have special permission for charitable lotteries (more details on this are available on the web site indicated). Please note that games and competitions which require a gambling licence may not be advertised or offered to children and young people under the age of 18.
18 Page 18 of 50 Service Type Service characteristics Gambling licence required? ***) Offer medium Maximum amount per telephone number Competitions and games*) A. 1. Price for taking part greater than cost of sending2. Winnings distributed3. Contains an element of chance Yes Regardless of medium DKK 150 per service per 24-hour period DKK 50 per transaction Guessing competitions*) B 1. Price for taking part a maximum of DKK 52. Winnings distributed3. Guessing competitions with a combination of chance and skill No Radio and TV DKK 5 per service per 24-hour period Guessing competitions*) C 1. Very low price for taking part (DKK 1 2); must only cover cost of sending2. Winnings distributed3. Guessing competitions with a combination of chance and skill No Printed media and Internet Very low price for taking part (DKK 1-2); must only cover cost of sending (the Danish Gambling Authority can be contacted for guidance)
19 Page 19 of 50 Competitions and games*) D 1. Price for taking part greater than cost of sending2. Winnings distributed3. No element of chance, i.e. pure skill No Regardless of medium DKK 150 per service per 24-hour perioddkk 50 per transaction Competitions and games*) E 1. Price for taking part greater than cost of sending2. No possibility of winnings3. Contains an element of chance No Regardless of medium DKK 150 per service per 24-hour perioddkk 50 per transaction Charitable lottery**) 1. Price for taking part greater than cost of sending2. Winnings distributed3. Pure chance (lottery) See **) Regardless of medium DKK 150 per transaction *) Under the terms of the Danish Gaming Act, Act No. 848 of 1 July 2010, which came into force on 1 January **) Providers must have permission from the Danish Gambling Authority/the Danish Customs and Tax Administration (Skat) to run a charitable lottery in accordance with the special regulations governing the latter. Once such permission has been given, an End User may participate several times at a price of up to DKK 150 per transaction both in a charitable lottery and a Nonprofit Collection within the same period of time. ***) Under the terms of the Danish Gaming Act, Content Providers which wish to be granted a gambling licence must apply for this to the Danish Gambling Authority/the Danish Customs and Tax Administration. Children and young people (under 18) may only take part in guessing competitions without a gambling licence via radio, TV, printed media or the Internet, and where a gambling licence is not necessary.
20 Page 20 of Charging 10.1 Responsibility for charging for services The Content Provider shall be responsible for ensuring that the correct charging data is transferred to the Mobile Operator, which, as a minimum, includes categorising the charging data as follows: Categories: Ringtones, wallpapers, etc. Video clips and TV Erotic and Adult Content Music, songs and albums Talking books and podcasts Mobile games Chat and dating Polls and competitions Mobile payment News and information Nonprofit Collections Telemetry and service SMS Other In order to supplement the categories, specified information may be given at a higher level of detail if possible. The Mobile Operator shall be responsible for ensuring that the End Users are correctly charged on the basis of the charging data provided by the Content Provider to the Mobile Operator Charging time No amount may be pre-authorised until a purchase agreement has been entered into. Charging for goods and services shall not take place until delivery has started, regardless of the medium. In the case of streaming services, charging may be carried out when streaming has started. Services consisting of the sending of passwords for later use. In this case, the earliest charging time is when the password is sent. Subscription-type services where charging takes place before delivery may be charged when the confirmation of the purchase is sent. In the case of competitions, charging for a question in a competition shall not take place until the End User has sent the answer.
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