National implementation report for sms billing and mobile payments in slovakia

National Implementation Report

Slovakia — National Code for mobile operators on safe use of mobile services

April 2010

European Framework Report: Slovakia 1

Contents

Executive summary 2

Introduction 3

Implementation of national code of conduct 5

Access control mechanisms 5

Raising awareness and education 6

Classification of commercial content 8

Fighting illegal content on mobile community products or the Internet 9

Other 10

Stakeholder cooperation on child protection 11

Conclusion 14

Annex I - European Framework for Safer Mobile Use by Younger Teenagers and Children 15

Annex II - National Code for mobile operators on safe use of mobile services 18


Executive summary

The European Framework for Safer Mobile Use by Younger Teenagers and Children (the

“Framework”) is a self-regulatory initiative of the European mobile industry. It contains

recommendations designed to ensure that younger teenagers and children can safely access content

on their mobile phones. As of April 2010, there are 83 signatory companies implementing the

Framework through the roll-out of national voluntary agreements (Codes of Conduct). A further

eight mobile operators have only signed up to a national code of conduct but as such are still

participating in the initiative. Codes of conduct are currently in place in 25 EU Member States and

under development in the remaining two. This means that around 96 per cent of all mobile

subscribers in the European Union benefit from the Framework.

This report has been prepared by mobile operators as part of a third review of the implementation

of the Framework in the European Union, with a particular focus on how they have implemented the

provisions of their national code of conduct. In the case of Slovakia, the report tracks compliance in

relation to the National Code for mobile operators on safe use of mobile services.

All of the Slovak operators report compliance with their code of conduct. The code, signed in January

2008, included an implementation deadline of 31 December 2009. In terms of access controls, all

have systems in place to block access to adult content on their portals. In the case of Orange

Slovensko and T-Mobile Slovensko, this system can be activated by the customer sending an

“18STOP” message free of charge from their handset, or via the WAP page. All operators reported

that contracted content providers are required to sign undertakings committing themselves to

compliance with the code of conduct.

As regards education and awareness-raising, all three operators have developed specific web pages

on their websites dedicated to child protection. Orange Slovensko is now in the second year of its

project which sends internet safety advisers into schools to discuss issues with children, including

children of primary school age. Telefonica O2 reported that trained staff were available in each of its

stores to advise on child protection issues, and T-Mobile Slovensko has prepared a range of

materials and training aimed at children, parents and teachers for use in its partnership with

eSlovensko (projects: Zodpovedne.sk , Stopline.sk, Pomoc.sk and ovce.sk).

All operators classify their own content, where provided, and have signed contracts with their third

party content providers to ensure that they classify their content. With regard to illegal content,

Orange Slovensko and T-Mobile Slovensko reported that they had (in October and November 2009

respectively) introduced a technical solution that blocks URLs known to host illegal child abuse

content on the Internet. Orange Slovensko provides a dedicated hotline number and notification

form to allow customers to report suspected illegal content. All companies cooperate with the

national authorities in the fight against illegal content, and Telefonica O2 and T-Mobile Slovensko

have participated in the establishment of the national hotline for reporting illegal content and

conduct online – Stopline.sk (operated by eSlovensko).


Introduction This report has been prepared by mobile operators as part of a third review of the implementation

of the European Framework for Safer Mobile Use by Younger Teenagers and Children (the

“Framework”) in the European Union.

The Framework is a self-regulatory initiative of European mobile operators, which puts forward

recommendations to ensure that younger teenagers and children can safely access content on their

mobile phones. It was issued in February 2007 following the consultation of child protection

stakeholders in the European Commission’s High Level Group on Child Protection. A reproduction of

the Framework is available in Annex I of the report.

Fifteen signatories at group level (55 national mobile operators) initially signed up to the Framework

on Safer Internet Day, 6 February 2007. As of April 2010, there are 83 signatory companies

implementing the Framework through the roll-out of national voluntary agreements (“codes of

conduct”). A further eight mobile operators have only signed up to a national code of conduct but as

such are still participating in the initiative1.

The recommendations of the Framework cover the following areas:

Classification of commercial content — mobile operators’ own and third party commercial content should be classified in line with existing national standards of decency and appropriateness so as to identify content unsuitable for viewing by younger teenagers and children.

Access control mechanisms — appropriate means for parents for controlling access to this content should be provided.

Education and awareness-raising — mobile operators should work to raise awareness and provide advice to parents on safer use of mobile services, and ensure customers have ready access to mechanisms for reporting safety concerns.

Fighting illegal content on mobile community products or the Internet — mobile operators should work with law enforcement agencies, national authorities and INHOPE or equivalent bodies to combat illegal content on the Internet.

The Framework recommendations are not prescriptive. Mobile operators have implemented them

in different ways to reflect the diversity of their services and marketing models, as well as to cater

for national societal norms and values. National codes of conduct are currently in place in 25 EU

1 An overview of signatories per EU Member State is available at

http://www.gsmeurope.org/documents/List_of_signatories_Dec_09.pdf

http://www.gsmeurope.org/documents/List_of_signatories_Dec_09.pdf


Member States and under development in the remaining two2. This means that around 96 per cent

of all mobile subscribers in the European Union benefit from the Framework.

This report sets out how mobile operators have implemented their national code of conduct in

Slovakia, namely, the National Code for mobile operators on safe use of mobile services. A

reproduction of the code is available in Annex II of the report. The Slovakian code was signed in

January 2008. The signatories of this code are: Orange Slovensko, a.s., T-Mobile Slovensko, a.s., and

Telefónica O2 Slovakia, s.r.o.

The report’s contents are based on information gathered from the signatories, as well as a child

protection stakeholder, on the basis of a questionnaire in the period February-March 2010. The first

part of the questionnaire addressed compliance with the recommendations of the national code of

conduct. The second part of the questionnaire posed questions to a third party, concerning mobile

operators’ role in protecting children in their country of operation. The main findings are presented

below. Two third parties responded: Ms Mária Tóthová Šimčáková (professional guarantee and

supervisor of the Orange Slovensko project ‘Children & mobile telecommunication technologies’),

and for the NGO eSlovensko, Mrs. Marcela Alzin.

2 Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, France, Germany, Greece, Hungary, Ireland,

Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and UK. The codes can be downloaded at http://www.gsmeurope.org/safer_mobile/national.shtml.

http://www.gsmeurope.org/safer_mobile/national.shtml


Implementation of national code of conduct

This part of the report contains information on how individual mobile operators have implemented

the provisions of the Slovakia National Code for mobile operators on safe use of mobile services It is

subdivided into five sections, which correspond to the four high level areas of the Framework and

other recommendations of the national code of conduct that go beyond the scope of the

Framework.

Access control mechanisms

The recommendations of the Framework relating to access controls are as follows:

1. Mobile providers should not offer any own-brand commercial content which would be classified as only suitable for adult customers in equivalent media, without providing appropriate means to control access to such content under parental control.

2. Appropriate means to control access to content should also be applied where content is

supplied by contracted providers of third party commercial content which would be classified as only suitable for adult customers in equivalent media.

3. Additionally, individual mobile providers should offer capabilities which can be used by

parents to customize access to content by children using mobiles. These may include specific services, phones, barring or filtering, and/or billing control.

The relevant provisions of the national code of conduct on access controls are as follows:

"5.1) The Contracting Parties undertake that after signing this Code they will not offer without

securing the possibility of controlling access, via methods of controlling access determined in this

Code, any of their own commercial mobile content that is according to the Common classification

of content determined only for adults. 2) The Contracting Parties undertake to use the methods

for controlling access determined in this Code also in relation to commercial mobile content that

is according to the Common classification of content intended only for adults and that the

contractual suppliers of mobile content supply. 3) If a Mobile operator provides or enables access

to commercial mobile content intended only for adults, it is obliged to also provide the option of

controlling access to it via suitable methods for controlling access. 4) Suitable methods for

controlling access to commercial mobile content are regarded as being only such methods that

within the scope of their use clearly verify the identity and age of the subscriber or the user

communicating in the matter of controlling access to services intended only for adults...7) This

Code does not order mobile operators in any case to use a specific method for controlling access

and it does not prevent the adoption of wider technical measures for controlling access to

commercial mobile content. Each mobile operator can choose for fulfilment of the commitments

according to this Code various technical and organisational solutions for controlling access to

content.”

Mobile operators have implemented these provisions as set out below.


O2 Telefonica O2 Slovakia reported that it did not currently offer any own-brand adult

commercial mobile content. However, on customer request, Telefonica O2 can deny

access to third party adult content providers.

Orange Orange Slovensko reported that it provided access controls to restrict access to adult

content on its portal to only those who have been verified as being over 18. When a

customer tries to access this type of content, he will meet a screen which requires

him to enter his phone number and a 4-digit code, which is assigned only on

production of valid ID in a store, and then posted to the home address. Orange

Slovensko customers can also block mobile adult content by sending an “18STOP”

SMS message free of charge. Premium-rate numbers can also be blocked.

T-Mobile T-Mobile Slovensko reported that mobile adult content can be blocked by sending an

SMS instruction “18STOP”; the customer can block all branded adult content on the

SIM card. This service is free of charge. Customers can also access this service via the

WAP page or by contacting customer service, and confirmation will be received by

SMS. Customers can also just block all commercial content to the handset from

contracted partners by sending a free SMS “18STOP PARTNERS” or by clicking on the

WAP page. Customers can also call customer services free of charge to activate these

services from the handset to be blocked. This will be done within 72 hours.

Unblocking the handset, however, can only be done in person in a store.

Contracted content providers are required to sign supplements to their contracts

requiring them to comply with the national code of conduct and EU rules. Instead of

labelling or providing disclaimers, they are required to implement the SMS blocking

system described above, provide information on all their communication materials

(print, web, TV etc) about how to block their own or their partners’ adult services,

and on request by T-Mobile, to block their or their partners’ adult services when the

customer wishes to block all third party services. This is then implemented via an

automatic process.

All child protection tools are monitored regularly on the basis of online reporting

tools and weekly customer feedback. There is a dedicated member of staff assigned

to supervise these activities as part of his key performance indicators.

Raising awareness and education

The recommendations of the Framework relating to awareness-raising and educational activities are

as follows:

4. Mobile providers should provide advice and effective access to information regarding the use of mobile phone services and measures which can be taken by parents to ensure safer use by their children.

5. Mobile providers should encourage customers who are parents to talk to their children about

how to deal with issues arising from the use of mobile services.


6. Mobile providers should ensure customers have ready access to mechanisms for reporting

safety concerns. 7. Mobile providers should support awareness-raising campaigns designed to improve the

knowledge of their customers, through organisations such as the INSAFE3 network. 8. For these measures to work effectively, policy makers should play a role in improving

children’s awareness through updated educational material and approaches. This should include parent and child-friendly information on safer use of mobiles and the internet.

The relevant provisions of the national code of conduct on raising awareness and education are as

follows:

“1) The Mobile Operators undertake to provide basic information and consulting about how to

use mobile electronic communications services and content services, and on measures that

parents can take to protect children for appropriate and safer use of mobile electronic

communications services.

2) The Mobile Operators undertake to secure a mechanism via which parents can inform the

Mobile Operator about their fears for the safety of the child in connection with the provision of

the mobile electronic services and content services.

3) The Mobile Operators undertake to support in an appropriate manner information campaigns

aimed at increasing the awareness and knowledge of its subscribers and end users about the

provision of mobile electronic communications services and content services.

4) The Mobile Operators undertake to, in an appropriate manner, share in improving the

awareness of children via specialised education material and approaches, which should contain

particularly comprehensible information about the safe use of mobile phones and the internet.”


O2 Telefonica O2 Slovensko has a website dedicated to child protection. The site gives

general information on the main issues. Telefonica O2 also provides phone and email

details of how to contact the appropriate NGO for specific direct advice. Every

Telefonica O2 store has trained dedicated staff to provide parental support.

Orange Orange Slovensko has carried out a range of activities to provide information and

education. For the second year running, Orange Slovensko continued their project

providing interactive education directly to schools. A team of advisors visited 113

schools between October and December 2009, of which the majority were primary

schools, to talk in an entertaining and educational manner about a range of issues

around mobile safety, such as theft, distressing text messages, use of camera phones

etc. For the younger children, key messages were conveyed using resources such as

colouring books, while older children were provided with a booklet discussing these

3 INSAFE is a network of national nodes that coordinate Internet safety awareness in Europe.


and other issues relating to safe and responsible use of the Internet.

Orange Slovensko has re-designed its website “Deti a mobily” (Children and mobiles).

This site is dedicated to child protection and discusses the risks of Internet and

mobile communications and how customers can protect their children, as well as

directing customers to other pages such as the Microsoft Family Safety pages, and to

forms for reporting illegal content. The Orange Family Guide is available to download

from the website.

T-Mobile T-Mobile Slovensko reported that it provided its customer service operators with

information and Q&A details to educate them how to deal with mobile

communication safety queries. They have also set up a web page on their site to

allow customers to report (directly and/or in writing) issues. Information on safer use

of mobiles is distributed to customers via leaflets at point of sale, customer

magazines etc. and on the company website.

T-Mobile also participated with the NGO eSlovensko, the Ministry of the Interior and

UNICEF in a local education project on Safer use of mobile phones and the internet

named Zodpovedne.sk. This involved preparing leaflets, advice sheets and booklets

for children, teachers and parents, and these were distributed at a range of public

events, including training courses for teachers and police officers and meetings with

both parents and children. Publicity was provided in a range of media. T-Mobile also

participated in the preparation of a successful series of animated stories based on

sheep (OVCE.sk) which cover mobile and Internet safety issues. T-Mobile Slovakia

started an information campaign about Stopline.sk (the Slovak national hotline

centre) in February 2010.

Classification of commercial content

The recommendations of the Framework relating to commercial content classification are as follows:

9. Mobile providers and content providers support classification frameworks for commercial content based on national societal standards and consistent with approaches in equivalent media. Classification of content, whether accessible through telecommunications or not, should be consistent with national societal standards regarding decency, appropriateness and legislation. Classification frameworks should consist of at least two categories: content which is suitable only for adult customers and other content.

10. Mobile providers should ensure that their own-brand commercial content is appropriately

classified based on existing national classification standards in the markets where they operate.

11. Through their contractual relationships with professional third party content providers,

mobile providers should ensure, after consultation, that these providers classify their commercial content under the same national classification approach.


12. For these measures to work effectively, policy makers, trade associations and other interested parties should support mobile provider initiatives to ensure commercial content providers classify their content against national societal standards.

The relevant provisions of the national code of conduct on the classification of commercial content are as follows:

"7 1) The Mobile Operators and contractual suppliers of mobile content have agreed on

introducing common classification for mobile content of an erotic nature…..2) The common

classification framework is comprised of two categories: a) mobile content intended only for

adult customers, an b) other mobile content. 3) The Mobile Operators will ensure that common

classification of content is also applied when classifying content supplied by contractual suppliers

of mobile content...”


General All of the signatory mobile operators in Slovakia classify their own content and

require their content providers to classify their content according to a common

national framework appended to the code of conduct. This requires that all adult or

nudity content must be marked as suitable only for 18+. This is enforced through

supplements to contracts between operators and content providers.

Fighting illegal content on mobile community products or the Internet

The recommendations of the Framework related to combating illegal content on mobile community products or on the Internet are as follows:

13. Mobile providers will continue to work with law enforcement authorities in executing their legislative obligations regarding illegal content.

14. Mobile providers will support national authorities in dealing with illegal child images and,

through the INHOPE4 hotline network or equivalent approaches, will facilitate the notification of this content where hosted on mobile community products or on the internet.

15. Mobile providers will adopt, or support the creation of, appropriate legally authorized

national take-down procedures for such illegal content, including a commitment to liaise with national law enforcement.

16. For these measures to work effectively there should be legal clarity on the nature of content

which is illegal and law enforcement authorities (or delegated organizations) should be able to confirm where individual items of content are illegal. This will require the allocation of proportionate law enforcement priority and resources. National governments’ support for this is vital.

The relevant provisions of the national code of conduct on fighting illegal content are as follows:

4 INHOPE is the International Association of Internet Hotlines.


"8. 1) The Mobile Operators declare that they will continue to co-operate according to their

possibilities with government authorities in fulfilling their obligations relating to the fight against

illegal content. 2) The Mobile Operators declare that they will continue to support the pertinent

government authorities and non-profit sector organisations during their activities connected with

the fight against illegal depiction of children and youth and will facilitate the reporting of such

content, communicated via mobile electronic communications networks. 3) The Mobile

Operators undertake during discussions with contractual suppliers of mobile operators, as well as

during the duration of contractual relations with them to adhere to and apply the principles and

rules of safe use of mobile services at least at the level agreed on in this Code."


O2 Telefonica O2 Slovensko has established a partnership with eSlovensko, the national

Safer Internet node. Through this, they are able to actively raise awareness and

provide information to schools, children and parents. Together they have created a

national centre for complaints and reporting illegal content, threats or abuse

(Stopline.sk), which cooperates with the government authorities.

Orange Orange Slovensko reported that it had introduced in October 2009 a technical

solution that blocks URLs on the open internet which figure on the Internet Watch

Foundation list. This solution applies to all customers, and is network-based, so there

is no possibility to turn it off. There is currently no national register of illegal URLs and

this is why the UK’s IWF list is used. Orange Slovensko will incorporate any future

such list into its technical solution. Orange also provides its one dedicated hotline

number (905) to allow customers to report inappropriate or suspected illegal

content, as well as providing a reporting form on its website.

T-Mobile T-Mobile Slovensko reported that it cooperates closely in project zodpovedne.sk with

the Ministry of the Interior, the Government council for criminality, the Secretary of

State and Ministry of Education, and the Secretary of State and Ministry of Culture. T-

Mobile is also a partner of Stopline.sk (see above), alongside the Ministry of the

Interior, the police (internet criminality police) and UNICEF/the national helpline for

children. T-Mobile Slovensko also introduced in November 2009 a technical solution

that blocks URLs on the open internet which figure on the Internet Watch Foundation

list. This solution applies to all customers, and is network-based, so there is no

possibility to turn it off. There is currently no national register of illegal URLs and this

is why the UK’s IWF list is used.

Other

This section addresses compliance with the recommendations of the national code of conduct that

go beyond the scope of the Framework. These provisions are as follows: N/A

Mobile operators have implemented these provisions as set out below: N/A


Stakeholder cooperation on child protection This part of the report presents the views of relevant stakeholders, concerning mobile operators’

role in protecting children in their country of operation. Two third parties responded: Ms Mária

Tóthová Šimčáková (professional guarantee and supervisor of the Orange Slovensko project

‘Children & mobile telecommunication technologies’), and for the NGO eSlovensko, Mrs. Marcela

Alzin.

The following questions were posed to the stakeholder:

1. How do you think the national code of conduct signed by mobile operators has helped in

the pursuit of safer mobile use by children?

Ms Mária Tóthová Šimčáková: “The role of the parent is to give good advices to its child and

warn him against the dangerous and unsuitable usages of mobile phones and whenever

there is a possibility to avoid (verbal restrictions) that the child will seek for unsuitable

content on internet or experiment with his mobile phone. Initiative of this Code I welcome

because it gives children the possibility to keep rules and did not motivate them to search for

unsuitable web pages and their content.”

Mrs. Marcela Alzin (eSlovensko): “Having signed the National Code of Mobile Operators on

Safer Use of Mobile Services the Slovak mobile operators have formally expressed their

commitment to attend to child protection online via awareness raising schemes, educational

programmes, mechanisms for control of content created or provided by children or adopted

from third parties and also via classification of commercial content and reporting of illegal

content. T-Mobile Slovensko has embraced this commitment in full complexity and became

partner of NGO eSlovensko which operates the Safer Internet Centre in Slovakia under EC

Safer Internet Programme. T-Mobile Slovensko has played an active role in eSlovensko’s

educational activities for the general public and simultaneously launched its own control

mechanisms. eSlovensko is a member of the European network of Safer Internet Centres

INSAFE and has applied for full membership in the international network of internet Hotlines

INHOPE which fight against illegal content online. T-Mobile Slovensko is a founding member

of the Slovak internet Hotline – National Centre for Reporting of Illegal and Inappropriate

Content and Conduct Online, operating under the name Stopline.sk. T-Mobile Slovensko is

also a member of Stopline.sk Council which oversees the Centre’s activities and co-designs its

policy.”

2. Are you aware of any educational/awareness-raising initiatives on this issue by the mobile

operators in your country?

Ms Mária Tóthová Šimčáková: “From the side of mobile operators in Slovakia I do not know

about the any other project which would have such integrated character, was designed to

children and youth, parents, teachers and also for the general public as exactly is the project

of Orange Slovensko. It offers the printed version of brochure, supportive material, videos on


internet www.oskole.sk. Equally it has active interactive character directly in schools and it

immediately offers activities and discussions for children, youth, teachers during the teaching

process.”

Mrs. Marcela Alzin (eSlovensko): “In early 2009, T-Mobile Slovensko became major partner

of Zodpovedne.sk project, run by NGO eSlovensko.sk. The project is based on EC Safer

Internet Programme and its main goals include raising awareness about safer internet use

among wide public, operating Helpline which assists victims of cyberbullying, grooming and

other forms of online harassment, and National Centre for Reporting Illegal and

Inappropriate Content Online. Zodpovedne.sk is the most complex awareness raising and

educational programme on safer internet in Slovakia with strong links to relevant European

and international organizations (INSAFE, INHOPE, other Safer Internet Centres throughout

Europe). T-Mobile Slovensko plays an active role in the project, one representative of the

company attends bi-weekly coordination meetings of the project team and is also member of

the project Advisory Board. In this capacity T-Mobile Slovensko has a profound impact on the

shape of the wide range of awareness raising activities, which include preparation of leaflets,

advice sheets and hand-books for children, teachers or parents and their distribution to the

target groups; events for the public, including trainings for teachers, policemen, lectures for

parents and, of course, meetings with children; publicity – entries in all kinds of media;

development of a successful series of sheep-themed animated stories OVCE.sk which cover

prevailing internet-related topics like grooming, paedophilia, racism, and xenophobia, as well

as misuse of personal information or photographs. Apart from that, T-Mobile Slovensko

supported the campaign in the wake of the launch of Stopline.sk, as well as Safer Internet

Day. Further, the company launched an internal campaign in which employees were trained

about the safer internet use. Customers have been informed about this topic through the

official website of the company and in the regular newsletter.”

3. What do you think are the key child protection priorities for the ICT sector for your

country?

Ms Mária Tóthová Šimčáková: “Technical conveniences of this era such as mobile phones

and internet have their own justification for children and youth because they expand their

possibilities forward. On the other hand we have to teach them to use this technology in

suitable and right way a help in establishing the new teaching subject, which starts to

develop on Slovak schools – media education. In first place for children and youth are still

responsible their parents. That is why is so important warn parents about the risks their

children might encounter and what parents should do in advance, warn their children. Not

least priority should be the development of ethics in making phone calls and by using the

internet already by young people.”

Mrs. Marcela Alzin (eSlovensko): “From T-Mobile Slovensko’s perspective, it is vital to do

awareness raising activities among the general public and to focus on the question how to

use mobile devices and online technologies safely. This requires a diversified approach


towards children, parents and teachers. Educational activities for all of these groups should

be supported, as well as introducing safer internet issues in school curricula. However, one of

the most powerful tools which T-Mobile Slovensko offers its customers is an efficient filtering

service that can be turned on, on their children’s mobiles and thus prevent them from

accessing websites with indecent or otherwise inappropriate content”


Conclusion

Slovak mobile operators have reported generally good compliance with the code of conduct and

have carried out a range of own-initiative projects to increase awareness and improve the safety of

children using mobile phones.

The national code of conduct commits the operators to regularly revise and update the 2008 code in

the light of changing social needs and technological developments. The operators have agreed to

consult with each other over compliance with the code and the need to revise code commitments.

Any of the signatories can initiate a consultation process if they believe another operator is failing in

its obligations under the code.


Annex I

European Framework for Safer Mobile Use by Younger Teenagers and

Children

February 2007

European mobile providers and content providers have developed national and corporate initiatives

to ensure safer use of mobiles including by younger teenagers and children. These already cover

most EU Member States.

Signatory European mobile providers, with support from signatory content providers, now propose

an EU-wide common framework to reflect these developments and to encourage all relevant

stakeholders to support safer mobile use. This framework will be subject to national

implementation by signatory providers.

We recognize:

mobile services offer an additional way to consume content (still and video images, music, chat, etc.) already offered in other ways - typically by the same providers.

the importance of parental oversight: accordingly, mobile providers should endeavour to empower parents with information and tools to facilitate their oversight.

any initiatives to classify content should be based on national societal standards regarding decency, appropriateness and legislation.

a framework-based approach to industry self-regulation will be effective in adapting to the fast moving environment of mobile technology and services – it will be future proof.

European Mobile Providers – A Responsible Approach

It should be noted that:

Mobile providers only control commercial content they produce themselves or which they

commission from professional third parties.

They exert indirect and retrospective control over commercial content in certain other situations,

provided there is a contractual relationship with professional third parties.

They are not in a position to control content which is freely accessible on the internet, since there is

no relationship between the mobile provider and the content provider.

However, as responsible companies, mobile providers recognise the need to work with customers,

parents and other stakeholders, including child protection organizations, in order to promote the

safety of younger teenagers and children using mobile services.


Mobile providers offer content which may use pre-pay, post-pay or hybrid approaches to billing.

This framework is intended to provide for safer mobile use by younger teenagers and children across

different billing approaches.

Recommendations on Safer Mobile Use

Access Control Mechanisms

1 Mobile providers should not offer any own-brand commercial content which would be classified as only suitable for adult customers in equivalent media, without providing appropriate means to control access to such content under parental control.

2 Appropriate means to control access to content should also be applied where content is supplied by contracted providers of third party commercial content which would be classified as only suitable for adult customers in equivalent media.

3 Additionally, individual mobile providers should offer capabilities which can be used by parents to customize access to content by children using mobiles. These may include specific services, phones, barring or filtering, and/or billing control.

Raising Awareness & Education

4 Mobile providers should provide advice and effective access to information regarding the use of mobile phone services and measures which can be taken by parents to ensure safer use by their children.

5 Mobile providers should encourage customers who are parents to talk to their children about how to deal with issues arising from the use of mobile services.

6 Mobile providers should ensure customers have ready access to mechanisms for reporting safety concerns.

1 Mobile providers should support awareness-raising campaigns designed to improve the knowledge of their customers, through organisations such as the INSAFE network.

7 For these measures to work effectively policy makers should play a role in improving children’s’ awareness through updated educational material and approaches. This should include parent and child-friendly information on safer use of mobile and the internet.

Classification of Commercial Content

8 Mobile providers and content providers support classification frameworks for commercial content based on national societal standards and consistent with approaches in equivalent media. Classification of content, whether accessible through telecommunications or not, should be consistent with national societal standards regarding decency, appropriateness and legislation. Classification frameworks should consist of at least two categories: content which is suitable only for adult customers and other content.

9 Mobile providers should ensure that their own-brand commercial content is appropriately classified based on existing national classification standards in the markets where they operate.

10 Through their contractual relationships with professional third party content providers, mobile providers should ensure, after consultation, that these providers classify their commercial content under the same national classification approach.


11 For these measures to work effectively policy makers, trade associations and other interested parties should support mobile provider initiatives to ensure commercial content providers classify their content against national societal standards.

Illegal Content on mobile community products or on the Internet

12 Mobile providers will continue to work with law enforcement authorities in executing their legislative obligations regarding illegal content.

13 Mobile providers will support national authorities in dealing with illegal child images and, through the INHOPE hotline network or equivalent approaches, will facilitate the notification of this content where hosted on mobile community products or on the internet.

14 Mobile providers will adopt, or support the creation of, appropriate legally authorized national take-down procedures for such illegal content, including a commitment to liaise with national law enforcement.

15 For these measures to work effectively there should be legal clarity on the nature of content which is illegal and law enforcement authorities (or delegated organizations) should be able to confirm where individual items of content are illegal. This will require the allocation of proportionate law enforcement priority and resources. National governments’ support for this is vital.

Implementation, Stakeholder Consultation & Review

16 Signatory mobile providers and signatory content providers will work towards implementation of this common European framework through self-regulation at national level in EU Member States. The target for agreement of national self-regulatory codes, consistent with this framework, is February 2008

17 Mobile providers will regularly review child safety standards on the basis of the development of society, technology and mobile services in cooperation with European and national stakeholders such as the European Commission, INHOPE and INSAFE.


Annex II

National Code for mobile operators on safe use of mobile services

Orange Slovensko, a.s.

T-Mobile Slovensko, a.s.

Telefónica O2 Slovakia, s.r.o.


1. Contracting Parties

Orange Slovensko, a.s. Prievozská 6/A, 821 09 Bratislava, Slovakia

Company ID No.: 35 697 270

Represented by: Ing. Pavol Lančarič PhD., member of the board of directors and managing

director

The company is recorded at Companies registry of District Court Bratislava I , Section Sa, File

No. 1142/B

T-Mobile Slovensko, a.s. Vajnorská 100/A, 831 03 Bratislava, Slovakia


Represented by:

Ing. Milan Vašina, managing director and holder of procuration

Ing. Ivan Bošňák, financial director and holder of procuration

The company is recorded at Companies registry of District Court Bratislava I, Section Sa, File

No. 1238/B

Telefónica O2 Slovakia, s.r.o. Viedenská cesta 5, 851 01 Bratislava, Slovakia


Represented by: Ing. Juraj Šedivý, managing director and executive head

The company is recorded at Companies registry of District Court Bratislava I, Section Sro, File

No. 27882/B

(hereinafter referred jointly as “Contracting Parties” or “Mobile Operators” and independently as

“Operator” or “Mobile Operator”)


2. Preamble Whereas the Contracting Parties regard it as important to state the following:

mobile phones have already become a common means of communication in the whole

population of Slovakia too, including children and youth;

mobile services of operators enable for the most part only another method of access to

already existing content (pictures and video, music, debating circles etc.), which is offered by its

providers in more ways;

mobile operators control only commercial mobile content, thus the content that they

themselves produce and provide to subscribers or that they take over from third parties; they

implement indirect and retroactive control of other content only under condition of a contractual

relationship existing with third parties;

mobile operators are not in a position from which they could control content that is freely

available on the internet because no relations exist between the mobile operator and the supplier

of such content;

mobile phone provides the benefits of modern communication to all users, whilst the wide

spectrum of its functions (colour display, camera, internet browser etc.) enable access to a wide

variety of content;

mobile operators are interested in all of their subscribers and end users having access to

all information about how to use a mobile phone and its functions, as well as access to

information about the risks and possible misuse of such functions;

mobile operators as responsible companies acknowledge the need to work with

customers, end users, parents and other interested parties, including organisations for the

protection of children, in order to primarily support the security of children using mobile services;

and therefore the Contracting Parties have agreed on this national Code of secure use of mobile

services (further referred to as “Code”):

3. Scope 1) This Code relates only to commercial mobile content that mobile operators themselves provide

to subscribers or that they take over from contractual suppliers of mobile content (third parties).

2) Mobile operators are responsible for the mobile content within the scope according to valid

generally binding legislation and this Code.

3) Mobile operators are not responsible for third party content if in relation to such content they

act only as a provider of access or connection to mobile electronic communications network (e.g.

content available on the internet).


4. Definitions 1) “Child” for the purposes of this Code is a person younger than 15 years old.

2) “Adult” is a person that has reached the age of 18 years, unless according to the law it has

reached adulthood earlier.

3) “Minor” is a child or youth.

4) “Youth” for the purposes of this Code is a person who has reached the age of 15 years old but

has not exceeded 18 years.

5) “Commercial mobile content” is content made accessible in Slovakia exclusively via one or

more mobile public electronic communications networks. Commercial mobile content for the

purposes of this Code is understood as being particularly content made accessible via short

numbers, released beyond the numerical scope regulated in the Numbering Plan, issued by the

Telecommunications Office of the Slovak Republic .

6) “Control access mechanism” is a method enabling the blocking of access to commercial

mobile content intended only for adults, either for individual subscribers or individual telephone

numbers based on the subscriber's (adult's) request or enabling of access blocked for all

subscribers based on the subscriber's (adult's) request. In both cases the subscriber's request has to

be clearly identified based on verification of his/her identity and age.

7) “Commercial mobile content intended only for adults” is commercial mobile content ranked in

common classification of content from class CS1.4 to class CS10.

8) “Common classification of content” is classification of commercial mobile content focused on

erotic, common for all contracting parties, applied in Slovakia. Its wording is contained in an

annex to this Code.

1. Control Access Mechanisms

1) The Contracting Parties undertake that after signing this Code they will not offer without

securing the possibility of controlling access, via methods of controlling access determined in this

Code, any of their own commercial mobile content that is according to the Common classification

of content determined only for adults.

2) The Contracting Parties undertake to use the methods for controlling access determined in this

Code also in relation to commercial mobile content that is according to the Common

classification of content intended only for adults and that the contractual suppliers of mobile

content supply.


3) If a Mobile operator provides or enables access to commercial mobile content intended only

for adults, it is obliged to also provide the option of controlling access to it via suitable methods

for controlling access.

4) Suitable methods for controlling access to commercial mobile content are regarded as being

only such methods that within the scope of their use clearly verify the identity and age of the

subscriber or the user communicating in the matter of controlling access to services intended only

for adults. The identity and age of such a person are regarded for the purposes of this Code as

verified

a) in the case of written communication or in the case of electronic communication with

electronic signature if it states at least 1. name and surname, 2. address, customer number

or telephone number and 3. signature (or electronic signature) of the subscriber,

b) in the case of personal communication, if the subscriber who is communicating in the

matter of controlling access to services intended only for adults proves its identity to

operators with a commonly accepted proof of identity,

c) in the case of communication via means of electronic communication (voice calls,

SMS messages etc.), if a subscriber communicating in the matter of controlling access to

services intended only for adults states at least two personal details of a confidential

nature (birth certificate number, customer number etc.).

Meanwhile it is not critical whether the verification is done by the operator, a person

acting on its behalf (e.g. business representative) or a third party (e.g. post office).

5) The Operator decides at its own inclination about to what extent within the securing of

methods for controlling access to

a) block access to services intended for adults for individual subscribers or end users or telephone

numbers based on verification of request by subscriber, and to what extent

b) block access to services intended only for adults for all subscribers and in individual cases

frees it up based on verification of request of the subscriber (adult).

6) Information of the content provider about its suitability only for adult customers, possibly also

in combination with unverified declaration by the user about his/her age (disclaimer) is not

regarded as a suitable method of controlling access. However, it may be used beyond the

framework of methods for controlling access individually in cases when access to the given

service intended only for adults is not blocked for all subscribers.

7) This Code does not order mobile operators in any case to use a specific method for controlling

access and it does not prevent the adoption of wider technical measures for controlling access to

commercial mobile content. Each mobile operator can choose for fulfilment of the commitments

according to this Code various technical and organisational solutions for controlling access to

content.

1. Awareness and Education

1) The Mobile Operators undertake to provide basic information and consulting about how to use

mobile electronic communications services and content services, and on measures that parents

can take to protect children for appropriate and safer use of mobile electronic communications

services.

2) The Mobile Operators undertake to secure a mechanism via which parents can inform the

Mobile Operator about their fears for the safety of the child in connection with the provision of

the mobile electronic services and content services.


3) The Mobile Operators undertake to support in an appropriate manner information campaigns

aimed at increasing the awareness and knowledge of its subscribers and end users about the

provision of mobile electronic communications services and content services.

4) The Mobile Operators undertake to, in an appropriate manner, share in improving the

awareness of children via specialised education material and approaches, which should contain

particularly comprehensible information about the safe use of mobile phones and the internet.

1. Common Classification of Content

1) The Mobile Operators and contractual suppliers of mobile content have agreed on introducing

common classification for mobile content of an erotic nature. When choosing common

classification of content, corporate standards of administration were taken into consideration

along with usual approaches in means of mass communication, as well as in accordance with

generally binding legislation valid in Slovakia.

2) The common classification framework is comprised of two categories:

a) mobile content intended only for adult customers, and

b) other mobile content.

3) The Mobile Operators will ensure that common classification of content is also applied when

classifying content supplied by contractual suppliers of mobile content.

4) Common classification of content comprises an integral part of this Code, and also in a

simplified version intended for the public as well as in the full version intended for mobile

operators.

Co-operation of Mobile Operators after Signing the Code

1) The Mobile Operators declare that they will continue to co-operate according to their

possibilities with government authorities in fulfilling their obligations relating to the fight against

illegal content.

2) The Mobile Operators declare that they will continue to support the pertinent government

authorities and non-profit sector organisations during their activities connected with the fight

against illegal depiction of children and youth and will facilitate the reporting of such content,

communicated via mobile electronic communications networks.

3) The Mobile Operators undertake during discussions with contractual suppliers of mobile

operators, as well as during the duration of contractual relations with them, to adhere to and apply

the principles and rules of safe use of mobile services at least at the level agreed on in this Code.

1. Implementation, Consultations and Revisions

1) The Mobile Operators undertake that at the latest by 31 December 2009 they will take on and

demonstrably fulfil all obligations to which they committed in this Code.

2) No later than within 1 month from the date of signing this Code by the last of the Contracting

Parties, the Mobile Operators will publish the text of the Code on their websites and will ensure

that it is sent to GSM Europe. They will publish the text on their website with a version of

common classification of content for the public.

3) Either of the Contracting Parties is authorised in the event of doubts about adherence to or

fulfilment of obligations stated in this Code to communicate with the other Contracting Party to

the Code and to begin consultations in the given matter.

4) The Contracting Party that the consultations relate to is obliged to give the necessary

explanation within it without unnecessary delay.

5) The other Contracting Party to this Code can proceed to consultations at any time too.


6) The result of consultations is after agreement by all parties to the consultations binding

between those parties.

7) The Mobile Operators undertake that with regard to changing social needs, as well as to the

technical development of mobile services and changes to their content, they will base on mutual

agreement regularly revise and update this Code. Revisions and updates are also possible based

on the result of consultations.

Bratislava, 31 January 2008

On behalf of Orange Slovensko, a.s.

Orange Slovensko, a.s. Prievozská 6/A

821 09 Bratislava, Slovakia

Company ID No. 35 697 270

[signature] VAT No. SK2020310578

Ing. Pavol Lančarič PhD.

Managing director and member of the board of directors

Bratislava, 2008

T-Mobile Slovensko, a.s.

Vajnorská 100/a

831 03 Bratislava, Slovakia

Company ID No. 35705019

Ing. Ivan Bošňák,

Financial director and holder of procuration

Bratislava, 31 January 2008

On behalf of Telefónica O2 Slovakia, s.r.o.

[signature]

Ing. Juraj Šedivý

Chief Executive Director and statutory representative

Business

National implementation report for sms billing and mobile payments in slovakia