The Digital Agenda for Spain, approved on February 12, 2013, includes among its actions, the development of an improvement plan for the attention of users. In this line of action, one of the measures included is to "Review the regulation of additional charging services to introduce greater guarantees for users at the time of the recruitment of subscriptions".

For its part, Order ITC/30 8/2008 of 31 January, for which instructions on the use of public numbering resources for the provision of short text message services and multimedia messages are issued, lays down the basic conditions required for the provision of this additional charging service mode.

Technological evolution has exponentially extended the use of mobile devices for access to content. This, in turn, has been accompanied, thanks to the generalization of mobile high-speed access networks, of a growth in the installation and use of mobile applications.

However, it has been observed that mechanisms are also proliferating so that, through the claim of Internet pages or the installation of mobile applications, consumers access content for which they have previously contracted, without sufficient transparency, a service through additional charging numbering. In fact, it has been proven that at times, at the time of the installation of certain mobile applications, the user is inadvertently consenting to having their terminal automatically send text messages-SMS-for them to be performed subscriptions or requests for additional charging services.

It is therefore considered that it is necessary to strengthen the protection of users in the use of these applications and services, so that the contracting of the services is performed only with the guarantee that the user is fully informed and accessed in a conscious and fully voluntary manner.

This order provides that the hiring of subscription "SMS Premium" services can only be performed by direct dialing of the number of additional charges by the user, through its terminal. No services can be contracted through the installation on the phone of applications that generate messages automatically, without the necessary markup of the user.

It is also prohibited, as a general rule, that in the text messages received by the users, an additional charging number "SMS Premium" is given as an identifier, in order to prevent the user from requesting them inadvertently by answering those messages. These numbers will only be allowed to appear in identification when they respond to already contracted services.

This order has been the subject of the mandatory hearing for the interested parties, in accordance with the provisions of article 24.1.c of Law 50/1997 of 27 November 1997, of the Government and the fifth additional provision of the Law 9/2014, 9 May, General Telecommunications. It has also been informed by the National Commission of the Markets of Competition, in compliance with the requirements of Article 70.2.l) of the aforementioned General Law of Telecommunications.

By virtue,

DISPONGO

First. Amendment of Order ITC/30 8/2008 of 31 January 2008.

Two new paragraphs 8 and 9 are added to Article 5 of Order ITC/30 8/2008 of 31 January, which provides instructions on the use of public numbering resources for the provision of short message services text and multimedia messages, with the following wording:

" 8. º In general, only the manifestation of the user's willingness to contract the confirmed service will be valid through a message sent from his or her own subscriber telephone number.

It will not be valid to hire additional charging services based on the sending of messages that is done by automatic dialing without the user's intervention of the corresponding number, including those cases where such marking occurs as a result of the installation at its terminal of an application or programme, even if such an installation has been consented.

The request and contracting of subscription services can only be made by direct dialing by the user, through its terminal, of the corresponding numbering code. For these purposes, the user shall have the "direct dial" consideration in his or her terminal manually and actively, in a single act or by the introduction of each of the digits that make up the numbering code corresponding.

The request and procurement relating to additional charging services based on the sending of messages other than those referred to in the preceding paragraph, may be made via the Internet as long as it is guaranteed, by sending the user of an SMS message, the authentication of the mobile phone number that invokes the service.

In such a case, the text message sent to the user to ensure that authentication must include the content of the messages provided for in paragraphs 3 and 4. of this article, according to the following rules:

(a) In the case of services to which paragraph 3 is applied, the content of the message provided therein, without requiring its post-authentication and delivery.

(b) In the case of services to which paragraph 4 is applied, the content of the intended message, after which the authentication and provision of the service shall occur.

9. The numbers enabled for the provision of additional charging services based on the sending of messages may not, as a general rule, appear as the identifier number of the message source. They shall only appear in the following cases:

(a) In the case of messages whose dispatch is mandatory in accordance with this order, in the cases provided for in paragraphs 3 and 4. of this Article.

b) When they are sent in execution of a service contracted by the user. "

Second. Entry into force.

This order will enter into force within the following time periods since its publication in the "Official State Gazette":

(a) The new paragraph 8. of Article 5 of Order ITC/30 8/2008, of 31 January, as drafted in this order, three months after the publication.

(b) The new paragraph 9. of Article 5 of Order ITC/30 8/2008 of 31 January, as drafted in this order, in the month of publication.

Madrid, June 18, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.