Campaign Guidance - Ireland - PSMS

Ireland – Guidance and Regulations – PSMS

Please ensure that you review the Commission for Communications Regulation - Code of Practice.

Campaign

Price

  • This must be clearly displayed in a prominent and proximate position to the call to action, it must be listed on its own line and separate from the service description and terms.
  • The price must be directly above or below the call to action, e.g. MSISDN entry box and keyword and short code.
  • The currency symbol must be displayed and the frequency must be included for subscription services, along with the message breakdown: e.g. €2.50 or €5 per week (sent as 2 x €2.50 messages) for subscriptions.
  • It must be the same size as the call to action.
  • The price and description must be on a solid background, with a good level of contrast between the background and text, e.g. Grey on white will not be accepted.

Home Page Requirements

  • The service name must be visible on all marketing material, including banners that are used to promote the service.
  • A clear service description must be included, explaining what the consumer is going to get when they sign up to the service.
  • If the content is delayed, or the consumer needs to complete further steps to gain access to the content, for example create a profile, this should be made clear to the consumer on the home page, prior to signing up, so they know what they will need to do, to gain access to the content.
  • The payment button must be clearly labelled with words that state an “unambiguous obligation to pay e.g. Buy Now or Subscribe Now.
  • The opt-out instructions must be displayed for all subscription services, the word stop must be written in capitals e.g. send STOP to XXXXX.
  • The full Terms and Conditions link must be available on the home page, this should be detailed and include terms on all aspects of the website including mobile billing and have a Privacy Policy section, or separate link to a Privacy Policy.

Disclaimer Terms

  • The campaign must specify whether the service is aimed at a certain audience.
  • If applicable, specify how ‘data rates apply’ if the consumer needs internet access to view/access the content.
  • If the consumer can only access the content via the device that they paid on, this must be made clear on the home page.
  • A clear customer care or helpline number displayed, which must be charged at no more than the basic rate.
  • The level 2 provider name must be clearly displayed, e.g. the name on your Comreg PRS license.

Please note that you can run one-time or subscription services in Ireland, however depending on the flow will depend on the method of opt-in available and the messages that you will need to send to the consumer.


Message Flow

See below for the templates that you will need to use in this market:

Double Opt-in:

  • FreeMsg: To subscribe to {name of service and optional description} for {cost of service in €}] per {billing frequency} and confirm that you are over 18 yrs, text AGREE {or other unique keyword for the service} to Short Code 5XXXX.

Welcome: Subscriptions - You must send a confirmation message that must be in the following format:

  • FreeMsg: You have subscribed to {name of service} at €X per week until you send STOP to 5XXXXX. Ages 18+. SP: {insert Comreg service name}.Help? 0XXXXXXX

Billing:

  • Subscriptions: This must include the campaign name and can include the service information/content, however each billed message sent MUST be different.
  • One-time: You need to include the service name, price and support details.

Reminder: This must be sent each time €20 has been spent (Comreg code 5.20).

  • FreeMsg: You are subscribed to {insert name of service} at €X per week until you send STOP to 5XXXX. Helpline: {Non-premium). SP: {insert Comreg service name}

Stop:

  • FreeMsg: You are now unsubscribed from {name of service}. Helpline {non-premium, must not charge more than national rate}.


Marketing

There are several different marketing methods available in Ireland, however you must ensure that you do not mislead consumers, advertise a service using an unrelated banner or state that something is free, when that is not the case. 

You will need to provide our Compliance Team with information on your marketing plans, along with copies of any banners that you intend to use. We will also need to see copies of any agreements or insertion orders that you have in place, which will ensure that your marketing partners only use agreed creatives. It should also demonstrate that you know where and how your service will be advertised and how malicious methods such as malware, click jacking and iframe masking will not be tolerated. 

If you plan to use the customers details to market to them in the future, you must gain permission from the user and ensure that you provide them with a clear and simple method to opt-out.


Commission for Communications Regulation (Comreg)

You must register with the Irish regulator, the Commission for Communications Regulation - Register here.

If you have already registered, please supply us with your registration number and ensure that txtNation is listed as your provider on the campaign license.

For further information, please view the Regulator website here.


Failed Delivery Messages / Retries

Please see an excerpt from the Comreg Code of Practice below, which outlines:

5.23 - If a reverse-billed premium rate message fails to deliver to an end-user, irrespective of whether the message is related to a Subscription Service or not, the PRS Provider must not:

  • Charge the end-user for that failed message,
  • Attempt to deliver the failed message outside the original charge period if it is part of a Subscription Service, or
  • Attempt to deliver the failed message after seven days, if the message is not part of a Subscription Service.


Customer care / Refund Policy

All service providers must have a detailed customer care process and refund policy in place.

You need to ensure that a process is in place for consumers to gain help should they require it, along with a refund policy for those that require one or are eligible for a refund.

This will be discussed in detail, to ensure that our customer care team can resolve any queries that are received from the networks or regulator. 

Question? Speak with our Compliance Team for any advice for this or any other market.