Campaign Guidance - Netherlands

Netherlands - Guidance and Regulations

Please ensure that you review the Stichting Gedragscodes Mobiele Diensten - (Loket / PayInfo - Regulator). 

The code can be viewed here https://www.payinfo.nl/over/de-gedragscodes click on the sub menu "Actueel (Engels)" for the English version.

Service Provider Registration

Before being able to offer services to an End User, the Content Provider must have an  approved registration with the Foundation . All Content Providers who are active in this market must register. For your information a Content Provider is anyone who provides services in the Netherlands and receive payments for premium SMS.

The foundation will charge an annual fee for the registration. The fee will be decided by the board of the foundation every year. The registration is valid for both SMS and Mobile Internet Services. If a Content Provider is not registered with the foundation, they cannot provide services in the Netherlands.

For more information and to complete your registration, please visit the Payinfo website.

Once registered, you will need to provide our Compliance Team with the following information:

  • Content provider ID
  • Company name
  • Registration number

Campaign

  • Regulatory Logo - this must be visible on your campaign, on each page displayed to the consumer. The general layout can be viewed via  https://www.payinfo.nl/over/de-gedragscodes, by clicking on the SMS Service Provision Code. 
Requirements for logo: Abonnement (subscription) or Eenmalig (one-off) must be shown in the upper half of the logo. In the lower half of the logo, the costs per week or per month must be stated, again given in the case of a Subscription and in the case of a One-off service, the costs per item or per chat must be displayed. The ratio between the aforementioned upper and lower half is 1:1 and that may not be deviated from. The proportions length and height are fixed (5:3) and this must not be deviated from. The minimum length is 30 mm and the minimum height is 18 mm. The height of the logo must be a maximum of 60 pixels or ¼ of the visible width of the telephone screen (in portrait orientation), i.e. if the screen is 300 pixels wide, the logo may be a maximum of 75 pixels high.
  • The following line must be displayed "Pay via your mobile phone bill" e.g. Betalen via uw mobiele telefoonrekening
  • Service name must be listed at the top of the page
  • Price e.g. €5 or €5 per week / month for subscriptions (Message break down should be included as well, e.g. €5 per week (sent as 2 x €2.50 messages)
  • Depending on the service you are offering, display the text: "Type: Once-only payment" or "Type: Subscription"
  • Depending on the service you are offering, display the text: "For: Unlimited access for 1 day service" or "For: X Items per week"
  • Delivery: Immediately after ordering
  • Clear payment buttons e.g. Pay & Cancel
  • Cancellation / Deregistration details to be clearly visible e.g. Send STOP to XXXX
  • Support information e.g. local number and support email address
  • Service Provider details to be displayed which must include: local Dutch number, email address, visiting address, Chamber of Commerce and VAT number, the registered name of the Service Provider
  • A link to a cancellation / deregistration page, called "Afmelden” - this page should enable the consumer to enter their MSISDN to unsubscribe (further details below).
  • Clear contrast between the background colour and the font of the text.
The following lines should be included as well, though along with the rest of the campaign, these lines must be displayed in Dutch:
  • Purchasing this service means that you waive your right of withdrawal
  • Price is including VAT and excluding the cost of mobile internet. Are you younger than 18 years? Ask your parents for permission.
  • Any handset compatibility requirements for the service must be clearly laid out.
  • I agree to the Terms of use and Privacy Terms (linked to the full Terms and Privacy Policy). 
  • More information on payments via the mobile phone bill available at Payinfo.nl
  • Stichting Gedragscodes Mobiele Diensten Code of Conduct applies (Must be hyperlinked)
  • Link "Click here to save this page". The End User must be able to save this page to a permanent data storage medium. Also in accordance with this Code is a screen where the End User can fill in an e-mail address after which the contents of the Confirmation Screen shall be sent by e-mail to the End User.
Once the payment is complete, you will need to display a Welcome / Confirmation page. The same kind of information should be displayed as above, with a minor change:
  • The line "Registration for "service name" was successful" must be displayed

For subscription services, you will also need to include a link to a "Deregistration" page on your website, this will need to display the following:

  • Statement that the Service subscription is being cancelled / deregistered.
  • Name of the service
  • The price of the service
  • The Service Provider name
  • Text: "Click on 'Akkoord' (Agree) to confirm deregistration from the subscription service."
  • Support information e.g. Local support number and email address
  • Return link, enabling the user to go back to the previous page

Marketing

There are several different marketing methods available in the Netherlands, however you must ensure that you do not mis-lead consumers, advertise a service using an unrelated banner or state that something is free, when that is not the case. Advertising for Services may not contain statements, images, suggestions or omissions as a result of which the consumer may be misled concerning the nature and characteristics of the Services offered. The price and the way in which it is calculated must not be misleading.

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.

If you plan to use the customer's 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.
Please be aware that Article 32 of the Code of Conduct requires you and your marketing partners to store your advertisements for one year. They must be available on request, for the purpose of complaint handling and enforcement.

Message Flow

Language: Dutch

Every Content delivery to an End User’s mobile telephone must include the following text: "Info? www.payinfo.nl" or ‘www.payinfo.nl’. This website, which is owned by the Foundation, explains how an End User can cancel / deregister from an SMS Subscription Service.

One-time transaction

The End User must receive the following information message as confirmation of  each Once-only Transaction. You may include additional information relating to the service but must ensure that it is limited to 1 text message and that the extra information does not detract from the information below:
Confirmation / Receipt: You pay once-only € <x.yy> for <name of service> via your telephone bill. More info? www.payinfo.nl

Spend Reminder:  For each Once-only Service and as soon as €30 in costs has been incurred within a calendar month, the End User must receive the following information message, which is sent by the Content Provider:

  • You are using the <name of service> Service. The cost so far this month is € <30/60/90…>. For questions go to <service url> or call <telephone number helpdesk>. Info? www.payinfo.nl

Subscriptions

Double Opt-in is required: The user MUST send BETALEN (PAY in English) to agree and start the subscription.

  • NL: “Stuur nu <keyword> BETALEN naar <shortcode> voor je abonnement op <dienstnaam>, € <bedrag>/<periode>. Je betaalt via je telefoonrekening. Info: <diensturl"
  • EN: "Text PAY to <short code> for your subscription to <service name>, € <amount>/<period>. You pay via your telephone bill. Info: <service url>. "

Welcome: After the End User has actively given consent in accordance with Article 24 under a), the End User must receive a Free Welcome Message, which includes the following text:

  • NL: Je betaalt € per voor via je telefoonrekening. Afmelden? SMS stop naar Voor vragen ga naar of bel met . Meer Info? www.payinfo.nl.
  • EN: You pay €X per <period> for <service name> via your telephone bill. Want to deregister? Text STOP to XXXX For questions go to <service url> or call <telephone number>. More Info? www.payinfo.nl

Billed: Message must always include: "Service name" and "Info? www.payinfo.nl" 

Reminder: As per Article 27 of the Code of Conduct - For each service and as soon as €30 in costs has been incurred for the service within a calendar month, the End User must receive, free of charge, the following information message:

  • NL: Je gebruikt de dienst . Deze maand bedragen de kosten tot nu toe € . Voor vragen ga naar of bel met . Info? www.payinfo.nl
  • EN: You are using <service name>. The costs so far this month are € <amount 30/60/90..>. For questions go to <service url> or call <telephone number>. Info? www.payinfo.nl
Exactly one year after registration for the relevant Service, the Content Provider must send the End User a free information SMS message, which contains the following text:
  • NL: Je maakt gebruik van abonnement , de kosten zijn € x.xx/Week. Voor vragen ga naar of bel met < telefoonnummer helpdesk>. Info? www.payinfo.nl
  • EN: You are using subscription <service name>, the costs are € x.xx/Week. For questions go to <service url> or call <telephone number helpdesk>. Info? www.payinfo.nl

Stop: 

  • NL: Je bent nu afgemeld voor het {Service name} abonnement en ontvang geen berichten meer van {shortcode}.
  • EN: You are now unsubscribed from the {Service name} subscription and will no longer receive messages from {shortcode}.

Customer care / Refund Policy

All service providers must have a detailed customer care process and refund policy in place. Consumers need to know how to gain help should they require it and you need to confirm a refund policy for those that require one or are eligible for one.

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.