Order Eit / 1196 / 2015, Of 18 Of June, By Which Is Modifies The Order Itc / 308 / 2008, Of 31 Of January, By Which Is Dictate Instructions On The Use Of Resources Public Of Numbering For The Provision Of Services Of Messages Short Of Tex...

Original Language Title: Orden IET/1196/2015, de 18 de junio, por la que se modifica la Orden ITC/308/2008, de 31 de enero, por la que se dictan instrucciones sobre la utilización de recursos públicos de numeración para la prestación de servicios de mensajes cortos de tex...

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6874

The Digital Agenda for Spain, approved February 12, 2013, includes among its actions, the development of an improvement Plan of attention to users. In this line of action, an of them measures that is includes is the of «review the regulation of them services of charging additional for introduce greater guarantees for them users in the time of recruitment of them subscriptions».

Furthermore, order ITC/308/2008, of 31 January, which dictate instructions on the use of public of numbering resources for the provision of short text messages and multimedia messages services, establishes the basic qualifications for the provision of this mode of premium services.

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

However, is has observed that also proliferate them mechanisms for, through the claim of pages of Internet or the installation of applications mobile, them consumers access to content for which previously have contracted, without it enough transparency, a service through numbering of charging additional. In fact, it was found that at times, at the time of the installation of certain mobile applications, user is consenting to inadvertently in that its terminal automatically send text - SMS - messages for subscriptions or requests for premium services are carried out.

He is considered, therefore, that it is necessary to strengthen the protection of users in the use of these applications and services, so that the contracting of services is carried out only with the assurance that the user is fully informed and enter consciously and completely voluntary.

This order sets that the hiring of services «SMS Premium» of subscription only may perform is through the dialing direct of the number of charging additional by the user, through its terminal. Services may not enroll through installation on the phone apps that generate messages automatically, without the required marking of the user.

Is prohibited also, with character general, that in them messages of text that receive them users figure as identifier a number of charging additional «SMS Premium», in order avoid that the user them can request inadvertently by the reply to such messages. Only will be permitted that these numbers appear on the identification when they respond to services already contracted.

(The present order has been object of the prescriptive process of audience to them interested, in accordance with it planned in the article 24.1. c) of the Law 50 / 1997, of 27 of November, of the Government and the available additional fifth of it law 9 / 2014, of 9 of mayo, General of telecommunications. Also it has been informed by the National Commission of market competition in compliance with the requirements of article 70.2. l) of the aforementioned General Telecommunications Act.

By virtue, first DISPONGO. Modification of the order ITC / 308 / 2008, of 31 of January.

Add two new subparagraphs 8th and 9th that dictate instructions on the use of public resources of numbering for provision of short text messages and multimedia messages, with the following wording to article 5 of the order ITC/308/2008 of 31 January: «8th in General, only will be valid the manifestation of the will of the user contracting the service confirmed through a message sent from your own number Subscriber phone.

Not will be valid it recruitment of them services of charging additional based in the shipping of messages that is perform through it dialing automatic without the intervention of the user of the number corresponding, including those cases in that such dialing is produce as consequence of it installation in its terminal of an application or program, even when such installation has been consented.

Request and subscription services can only be performed by direct dialling by the user, through its terminal, the corresponding numbering code. To these effects, will have the consideration of «dial direct» it made by the user in its terminal of way manual and active, in an only act or through the introduction of each one of them digits that make up the code of numbering corresponding.

Request and recruitment relative to the premium services based on sending messages other than those referred to in the previous paragraph, can be made through the Internet whenever it is warranted, by sending to the user of an SMS message, authentication of the mobile phone number that invokes the service.

(In said case, in the message of text sent to the user that guarantees such authentication must appear the content of them messages expected in them paragraphs 3rd and 4th of this article, according to them following rules: to) for services to which is applies the paragraph 3rd, the content of the message there planned, without is necessary its shipping back to the authentication and provision.

(b) in the case of services that the 4th paragraph is applied, the content of the message intended there, after which must occur authentication and provision of the service.

9th numbers enabled the provision of premium services based on sending messages may not contain, in General, as the origin of message ID number. They must only appear in the following cases: to) when in the case of messages whose delivery is required according to this order, in the cases referred to in paragraphs 3 and 4th of this article.

(b)) be sent in execution of a service contracted by the user.»

Second. Entry into force.

This order shall enter into force within the following time limits since its publication in the «Official Gazette»: to) the new paragraph 8 of article 5 of the order ITC/308/2008 of 31 January, as is written in this order, to the three months of the publication.

(b) new paragraph 9th of article 5 of the order ITC/308/2008 of 31 January, as is written in this order, to the month of publication.

Madrid, 18 June 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.