MMA Code of Conduct Dec03

8/12/2019 MMA Code of Conduct Dec03

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MMA CODE FOR RESPONSIBLE MOBILE MARKETING

A co de of co nduct a nd g uidelines to bes t pra ctice

Dece mbe r 2003

Mobile Marketing Association

www.mmaglobal.co.uk


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Preface

The mob ile is a more persona l co mmunica tion cha nnel tha n any o ther, which ca n benefi t co nsumers

and business es in ma ny new wa ys. As it is more persona l, howe ver, pa rticula r ca re is needed not to

abuse the power of the medium and to put control of the channel firmly in the hands of the user.

Since the Mobile Marketing Association was formed in 2000, it has been a committed advocate of

permission-based marketing, the principle of which is that mobile users are able, and know how to,

opt in and out at will of marketer communications.

The MMA is p lea se d to a cknow led ge tha t the new P rivac y &Electronic C ommunica tions leg islation

being implemented a cros s Europe w ill put reg ula tory force b ehind this principle.

For marketers mobile is a highly attractive new channel offering the ability to deliver far more valued

and effective communications. However, a vast array of legislation and codes cover use of the

med ium and the re a re ma ny new c ons idera tions o f which to ta ke ac co unt in developing its use. The

goa l of this Cod e therefore ha s been to provide:

1. The first comprehensive co de of c onduct a nd bes t pra ctice g uidelines for the industry, ba sed

on members practical experience and the requirements of current legislation

2. A central reference source to the la ws a nd regula tions a ffecting mobile ma rketing

3. A ste p-by-step g uide to planning a nd implementing mob ile ma rketing a ctivity

The MMA rec og nise s tha t mob ile is a fas t evolving me dium that w ill bring ma ny new cha lleng es a s the

market transitions from text to picture-bas ed mess a ging to multimedia a nd loca tion b as ed services .

The MMA Co de is therefore a living do cument tha t w ill be refined a nd e xtende d over time.

It is the MMAs intention to b e the b enc hma rk of bes t prac tice in the indus try at ea ch s ta ge , sothat memb ership of the MMA is a sign of a dherence to the highes t sta nda rds . C ompa nies interested

in joining the MMA sho uld co ntac t mem be rship@mmag lob a l.co .uk.

MMA Code for responsible mobile marketing: : December 2003


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Contents

A. Introduction

1. What is the MMA? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

2. What is mobile marketing? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

3. What is the purpose of the MMA Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

4. Who does the MMA Code apply to? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65. What happens if I do not comply with the MMA Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

B. MMA Code

1. What does the MMA Code cover? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2. Are there any general guidelines that I need to think ab out when mobile marketing? . . . . . . .8

3. What are the first/key things that I need to think ab out when setting up a mobile

ma rketing c a mpa ign? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

3.1 Decide on your target group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

3.2 So me types of marketing where you need to be particularly ca reful . . . . . . . . . . . . . . . . . . . .9

3.3 Only market to an a ppropriate ta rget group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

3.4 Ta ke ca re in rela tion to when and how often you a re sending mob ile marketing

co mmunica tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

3.5 Where did you obtain the details of your target group and how c an you use these? . . . . . . .11

3.6 Using Opt in and S oft Opt in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

3.7 Asking s omeone to opt in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

3.8 Using the opt in once you have got i t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

3.9 Making sure the recipient knows w ho is contac ting them and how they ca n opt out of . . . . . .

further conta ct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

3.10 So me types of ca mpaign where you need to be pa rticularly ca reful re: lega l compliance . . .13

4. Do I need to include any special wording or information in any mobile marketing . . . . . . . . . .

co mmunica tions or on any promotional material for a ny mobile ma rketing c a mpaigns? . . . .134.1 Wording/informa tion to include in a ll mob ile ma rketing c ommunica tions . . . . . . . . . . . . . . . .13

4.2 Opt in and opt out mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

4.3 Ba sic information which you must bring to the recipients a ttention . . . . . . . . . . . . . . . . . . .15

4.4 So me add itional ba sic information req uirements a pplica ble in specific c ircumstances . . . . .15

4.5 Use of hard co py promotional material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

4.6 Terms a nd conditions and privacy s tatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

4.7 The approac h to take to all information/wo rding to b e provided . . . . . . . . . . . . . . . . . . . . . .16

4.8 S ome types of ma rketing w here there will be a dd itional req uirements in rela tion

to information to b e provide d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

5. What ab out children? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

6. What if the campaign includes a g ame, competition, prize promotion or prize draw ? . . . . . .206.1 Informa tion to include in the promotional materia l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

6.2 Informa tion to include in the terms a nd cond itions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

6.3 Co mplianc e with ad ditional lega l req uirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

7. Are there any ongoing considerations I need to think ab out? . . . . . . . . . . . . . . . . . . . . . . . .21

7.1 Dealing with changes to the campaign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

7.2 Keeping your marketing da taba se up to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

7.3 Opt out reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

7.4 What to do if someone wants to opt out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

8. Are there a ny special req uirements in relation to marketing pa rticular types of products

or service s? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

8.1 Adult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

8.2 Alcohol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

8.3 Betting and g aming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22



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8.4 Employment/Business Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

8.5 Financial services (including insuranc e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

8.6 Health products a nd treatments/therapies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

8.7 Motoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

8.8 Weight control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

9. Are there any spec ial req uirements if I am using premium rate numbers? . . . . . . . . . . . . . . .24

10. Are there a ny special req uirements if I am using loca tion ba sed mobile ma rketing? . . . . . . .2411. Are there any s pecial req uirements if I a m ac tually selling products or services to

co nsumers via a mob ile ma rketing me cha nism ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

12. What ab out complaints? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

C. Contact the MMA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Appendix

1. The British Cod e of Advertising, Sa les P romotion and Direct Marketing (the CAP Cod e)

2. The Direct Marketing Ass ociation Code of P rac tice (the DMA Cod e)3. The Direct Marketing Ass ociation Draft Code of Prac tice for SMS Marketing (the SMS Cod e)

4. The Data P rotection Act 1998 (the 1998 Act)

5. The Electronic Co mmerce (EC Directive) Regulations 2002 (the E-Commerce Regulations)

6. The P rivacy and Electronic Communica tions (EC Directive) Regulations 2003

(the Electronic Communications Regulations)

7. The ICSTIS Code o f Prac t ice (the ICSTIS Code)

8. The Consumer P rotection (Dista nce Selling) Regulations 2000

(the Distance Selling Regulations)



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A.Introduction

1. What is the MMA?

The Mobile Ma rketing Ass oc ia tion (MMA) is a n indep ende nt bo dy w hich has be en s et up to :

act as the mobile marketing industry body, actively supporting and encouraging the development

of responsible mobile marketing in the UK;

develop a code of conduct for mobile marketing which will provide a means of self-regulation andestablish accepted best practice policies and procedures;

act as an independent industry voice to the general public, commercial entities and thegovernment and governmental or other public bodies;

respo nd to government consultations on a rea s of interest to its me mbers a nd, w here a ppropria te,to lobby the go vernment in rela tion to these areas ; a nd

lia se a nd c o-ordina te a s a ppropria te w ith other relevant industry regula tors and bod ies such as theAS A, DMA, MDA, MEF a nd ICS TIS.

Membership is open to any commercial entity that is engaged or otherwise involved in mobile

marketing. MMA members include mobile marketing agencies, mobile ASPs and service providers,

network operators, mobile marketing software providers, mobile data aggregators and vendors,

trad itional media a nd ma rketing a genc ies, cons umer goods a nd s ervices providers, med ia providers

and industry la wyers a nd a dvisors.

2. What is mobile marketing?Mobile ma rketing is a ny form of marketing, a dvertising or sa les promotion a ctivity a imed a t co nsumers

and co nducted o ver a mobile cha nnel.

Methods of communication for this type of marketing include voice files, SMS, MMS, WAP messag-

ing, J ava , SyncML and video a nd a udio mess ag ing.

3. What is the purpose of the MMA Code?

The MMA Co de for Respo nsible Mob ile Ma rketing (the MMA Co de ) se ts out prac tica l manda tory

standards and best practice guidelines in relation to the provision and operation of mobile marketing

se rvice s ba se d on the MMAs interpreta tion o f the c urrent releva nt UK leg islation a pplica ble to this a reaa nd MMA memb ers expe rienc e of the me dium. The MMA Co de ma y b e upda ted from time to time a s

new UK legisla tion co mes into force a nd a s pra ctica l know ledg e of the w ays in which the med ium ca n

be used develops.

While the MMA Co de a ims to highlight a nd p rovide guida nce in thos e a rea s w hich the MMA view s a s

key to ens uring lega lly c omplia nt mob ile ma rketing, the MMA Co de is not intended to b e a sub stitute

for specific legal advice and compliance with the MMA Code does not guarantee legal compliance.

Members should take their own legal advice where appropriate.

Please also note that the legal and regulatory position in relation to mobile marketing in other

co untries ma y b e very different to tha t in the UK.

MMA Code for responsible mobile marketing: : December 2003 5


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4. Who does the MMA Code apply to?

All members of the MMA in the UK must comply with the mandatory standards set out in the

MMA Co de (a s upda ted from time to time) a s a co ndition o f memb ership. The MMA a lso strongly

encourages its members to comply with the best practice guidelines set out in the MMA Code (as

updated from time to time). All standards set out in the MMA Code are mandatory standards unless

expressly referred to as being best practice, in which case they are included as best practice

guide lines only.

Where possible Members should also encourage any non-MMA members with whom they are

working in the mobile marketing field to adopt the MMA Code as best practice.

5. What happens if I do not comply with the MMA Code?

If the MMA:

receives a complaint in relation to the mobile marketing activities of any MMA member(s); or

otherwise becomes aware of any possible non-compliance with the MMA Code by anyMMA member(s);

then the MMA board of directors will investigate this to establish if the MMA member(s) concerned

has /ha ve breac hed the MMA Co de .

The releva nt MMA memb er or memb ers mus t g ive the MMA bo a rd of d irec tors a ll rea so na ble

as sistanc e a nd c o-opera tion in relation to s uch investiga tion.

If the MMA bo a rd o f direc tors d ec ide s tha t there has be en a brea ch o f the MMA Co de , then it will iss ue

a w ritten w a rning t o the releva nt MMA mem be r(s ). This w a rning m a y include :

a req uest to w ithdra w or make amend ments to the c a mpaign or promotion co mplained of; and/or

a set of recommendations for such actions to be taken by the relevant MMA member(s) to ensurefuture co mplia nce.

If the releva nt MMA mem be r(s) do no t rectify their non-comp lia nce w ith the MMA Co de or co mply w ith

any reques ts or reco mmenda tions s et out in the wa rning w ithin such time a s ma y be s pecified b y the

MMA bo a rd o f direc tors o r, if they d o no t s pec ify a time, w ithin a rea so nab le time, then the MMA bo a rd

of directors ma y:

notify the relevant MMA member(s) that their MMA membership has been suspended or terminated

(a nd in this e vent no me mb ership fees w ill be refunded ); a nd/or

iss ue a notice on the MMA we b s ite, in the MMA new sletter or by s uch othe r means a s the MMA bo a rd

of directors may see fit (including, where appropriate, by means of a press release) setting out details

of the relevant MMA member(s) non-compliance with the MMA Code and any action taken by the

MMA board in relation to this non-compliance (including any suspension or termination of the relevant

MMA member(s) membership).

Where appropriate the MMA board of directors may also decide at any time to refer any complaint or

other non-compliance matter to any other interested regulatory body such as the Office of the

Informa tion C omm iss ione r, ICS TIS or the Adve rtis ing S ta nd a rds Authority.



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B.MMA Code

1. What does the MMA Code cover?

The ma in bod y of the MMA Co de is s et out a s a se ries of freq uently a sked q uestions c overing the

following areas:

ge neral guidelines ;

first/key things to think a bo ut whe n s etting up a mob ile ma rketing promotion;

s pec ia l w ording/informa tion to be included in promotiona l ma teria l or mob ile ma rketingcommunications;

mobile marketing to children;

ga mes, compe titions, prize promotions a nd prize d ra ws ;

ongoing co nsiderations when running a ca mpaign;

sp ec ia l req uirements for mobile ma rketing rela ting to pa rticular types of products or service s;

special requirements when using premium rate numbers;

special requirements when using location based mobile marketing;

special requirements if actually selling products or services to consumers via a mobilema rketing mecha nism; a nd

complaints.

The Append ix to the MMA Co de se ts o ut so me b rief de ta ils o f the key UK leg islation a nd c od es

of practice to bear in mind when carrying out mobile marketing, including details of where to obtain

further informa tion o n ea ch of thes e. This is not a full list of a ll UK leg islation or c od es of pra ctice w hich

could potentially be applicable when carrying on mobile marketing, only those which the MMA

believes to be particularly key in this area. It is intended to provide MMA members with a useful

starting point for ensuring compliance but not as a substitute for legal advice. MMA members should

obtain their own legal advice where appropriate.

There is a co ntents s ec tion a t the front of the MMA Co de to help you find your wa y a round the ma inbody of the MMA Code.



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2. Are there any general guidelines that I need to think about when mobile marketing?

When carrying out mobile marketing you must take care not to abuse the personal nature and impact

of this medium, which is what sets it apart from other marketing media.

All mobile ma rketing must be ca rried out in a ma nner that is:

legal; decent; honest; truthful; permission-based; responsible; respo nsive; a nd respectful.

Thes e a re the g eneral guide lines on w hich the rest o f the MMA Co de is b a se d.

In addition, all mobile marketing must be carried out in accordance with all applicable UK legislation

and codes of practice, in particular the key legislation and codes of practice referred to in

the Appendix.

3. What are the first/key things that I need to think about when setting up a mobile

marketing campaign?

3.1 Decide on your target group

Before doing a nything else you need to:

decide what target group the campaign is aimed at; and

ens ure tha t the propo se d c ontent/form of the ca mpa ign is a ppropria te for tha t target g roup.

For example, you must ensure that all content:

is clea r; makes sense; is not mislead ing or de libe rately ba ffling; a nd

is not offensive, explicit or sexually inappropriate;

bea ring in mind tha t w hat is offensive or ina ppropria te w ill va ry depend ing o n the ta rge t group a nd the

context of the campaign.

3.2 Some types of market ing wh ere you need to be part icular ly careful

G iven the persona l na ture of the mob ile ma rketing med ium you must ta ke particular ca re to ens ure tha t

all content is appropriate to the relevant target group and in the context of the campaign. A significant

percentage of all complaints received in relation to mobile marketing campaigns relate to what is

perceived by the c ompla inant a s inappropriate content.



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The follow ing a re particularly prone to po tentia l comp la ints :

marketing containing references to religion, political beliefs, race, gender, sexual preferencesor orientation;

marketing encouraging the recipient to ring a premium rate line (for example, to claim a prize or to

reply to an urgent message) (please also see B9 below);

marketing aimed at children (please also see B3.3 and B5 below);

marketing relating to alcohol (please also see B3.3 and B8.2 below);

marketing relating to gambling services or products (please also see B3.3 and B8.3 below);

marketing relating to adult products (please also see B3.3 and B8.1 below);

marketing suggesting that the target or someone they know may be ill, has been involved in anaccident or has died or is about to die (for example, a spoof invite to a hospital appointment or tow rite s omeo nes ob ituary);

marketing suggesting that the target or someone they know may be being stalked or victimisedin some way or is being threatened with violence (for example, use of a silent heavy breathing

phone call);

ma rketing s ugges ting that the ta rget o r someone they know is b eing c ontac ted b y the governmentor the military (for example, a spoof call up for military action or jury service);

marketing suggesting that the target or someone they know is or has been involved in any

criminal activity (for example, a spoof invite to come joyriding);

marketing suggesting that the target of someone they know is or has been involved in a particularform of sexual activity or is of a particular sexual orientation (for example, a spoof message from

a n ex-g irl/boy friend ).

3.3 Only market to an appropr iate target group

You must take all reasonable steps to ensure that if you are involved in any of the above types of

marketing that such marketing is only sent to an appropriate target group. In particular, you must:

not send any marketing relating to alcohol, tobacco, gambling services or products, cosmeticsurgery or adult products to under 18s;

not send any marketing relating to medicines or diet products (such as artificial weight loss aids)to under 18s (this does not include non-commercial public health related marketing campaigns,

such as tips on healthy eating or information relating to sexual health, which may be sent to under

18s s ubjec t to the res trictions s et out in B5 b elow o n ma rketing to children);

only send ma rketing rela ting to a dult prod ucts or mate ria l to recipients who a re 18 or over a nd w hohave spec ific a lly c onsented to receive s uch a dult ma rketing.



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P lea se note that the mob ile ma rketing of ea ch of a bove types of produc ts o r services to recipients w ho

a re 18 or over w hile a llow ed in principle is s ubjec t to a number of s pec ific req uirements elsew here in

the MMA Code (see B5 and B8 below) and also in the majority of cases to specific UK legislative

a nd/or reg ula tory req uirements (for example, the ma rketing o f toba cc o is ba nned a nd the ma rketing o f

rolling pa pers a nd filters is sub jec t to strict rules a dministe red by the AS A).

Where marketing is not to be sent to a particular age group, then, subject to the exception set outbelow in relation to people who have responded to age-restricted promotions, such marketing must

not be sent unless age verification can be confirmed. If the mobile number alone is the only form of

targeting then no such ag e-restricted marketing ma y b e s ent.

If someone has made contact with you in order to participate in a promotion which is restricted to a

particular a ge g roup and which ha s b een promoted:

in s uch a wa y tha t the fa ct tha t pa rticipation in tha t promotion is a ge-restricted has been clearlybrought to that persons attention (for example by clearly highlighting this fact on the relevant

promotional packs); and

by way of a medium which is appropriate to the relevant age group (for example by way ofadvertisements placed in publications appropriate to that age group);

then you are entitled to assume that that person is within the relevant age group and to continue to

treat them as falling within the relevant age group for the purposes of sending them further

age-restricted marketing (assuming that they have opted in to receive further marketing see B3.6

B3.8 below) without taking any further steps to confirm their age.

S ponsorship of text a lerts by ad ult brand s, s uch a s a lcoholic drinks, will not be trea ted a s ma rketing

for the purpose of the above provided that such sponsorship is carried out in a manner which is not

intrusive to those under 18s who may be signed up to receive such text alerts (for example, a simple

tag at the end of the mes sa ge s ponsored/pow ered by [insert name]) a nd tha t such text alerts a re not

so lely o r prima rily ta rge ted a t under 18s.

3.4 Take care in relation to w hen and how often you are sending mobile marketing comm unications

When s ending mob ile ma rketing c ommunica tions , you mus t be res pons ible in rela tion to the:

timing (i.e. when the mobile marketing communication will be received); volume; a nd

frequency;

of such c ommunica tions, ta king into a cc ount in ea ch c a se the relevant ta rget g roup a nd the na ture of

the campaign.

For example, it is not acceptable to send mobile marketing communications aimed at children to be

received at a time when they might rea sona bly be expected to b e a sleep.

It is bes t practice not to send mobile ma rketing c ommunica tions to b e received b etween 10pm a nd

7am on w eek days or between 10pm and 9am on w eekends or ba nk or public holida ys, unless there

is some special reason to do this (for example the specific nature of the campaign or the service

being provided).



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3.5 Where did you obtain the detai ls of your target group and how can you use these?

In addition to the above, you also need to think carefully about where you obtained the details of your

target group from and whether you are in fact lawfully able to send mobile marketing to these people.

In de a ling w ith perso na l deta ils, which c a n include mob ile telephone numbe rs (even if you d o not hold

any o ther personal deta ils a bout the user of the relevant mob ile phone) a s w ell as names , a ddress esa nd e-ma il a dd res se s (a ga in whethe r held a lone or in com bination with any o ther perso na l de ta ils), you

must make sure that you comply with the Data Protection Act 1998, and in particular the 8 data

protec tion p rinciples la id do wn in tha t a ct. S ee the Append ix for further deta ils. This is in a dd ition to

a ny requirements se t out in this MMA Co de.

P leas e a lso see B 7.2 below.

3.6 Using Opt in and Sof t Opt in

The MMA be lieves strongly in permiss ion-ba se d ma rketing. Except in the limited circums ta nce s se t

out below, you must only s end mob ile ma rketing to people w ho ha ve a greed in adva nce to your doingthis (i.e. on a n o pt in ba sis).

There is one exc eption to this. This is tha t you c a n se nd mo bile ma rketing to peop le w hos e d eta ils

you have obtained in the course of the sale of a product or service to that person or in the course

of negotiations for the sale of a product or service (even if this does not actually result in a sale)

provided that you:

ga ve them the o pportunity to o pt out of receiving mo bile ma rketing a t the time yo u co llec ted their

details (this must have been free of charge except for the costs of transmission of the opt out);

give them the o pportunity to opt o ut of receiving further mobile ma rketing from y ou ea ch time yousend them a further mobile marketing message (again this must be free of charge except for the

co sts of trans miss ion of the opt o ut); a nd

only market to them in relation to your own products and services which are similar to theproducts and services that you originally sold to them or over which you were originally

negotiating with them.

This soft opt in b a sis must only be used a s s et out a bove. Where d etails have b een co llected other

than in the course of a sale or negotiations for a sale, this soft opt in cannot be relied on. For

example, where details are collected as a result of promotional activities by charities and membershiporganisations which do not involve any form of sale, the soft opt in cannot be relied on and an express

opt in must be obta ined b efore a ny mobile ma rketing c ommunica tions ca n be sent.

For the purposes of the MMA Code a sale will include any form of commercial transaction so that,

for example, the payment of 24p to register a vote or to enter a competition will constitute a sale for

the purpose s of the a bo ve. This is ba se d on the MMAs interpreta tion o f the provisions of the Electronic

Communications Regulations (see Appendix for further details) but is not a guarantee of compliance

with these. A narrower view may be taken by the Information Commissioner in relation to interpreta-

tion and enforcement of the Electronic Communications Regulations in relation to this issue than is

taken by the MMA.

It is b es t prac tice , w herever pos sible, to upgrad e a so ft opt in to a full opt in ra ther than relying o n the

soft opt in as a long term strategy. It is best practice to obtain this upgrade as soon as reasonably

pos sible follow ing the ob ta ining o f the s oft opt in.



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It is b est prac tice only to use a ny deta ils o bta ined on a soft opt in bas is for the purpose of conta cting

the releva nt person to a sk them to opt in to rec eive further mobile ma rketing c ommunica tions from yo u

and to delete that persons details if you have not received an opt in response from them within 48

hours of having requested this.

3.7 Ask ing someone to opt in

Where a sking s omeo ne to o pt in to receive mobile ma rketing c ommunica tions from yo u, you must b e

very c lea r abo ut exac tly w hat this opt in covers.

For example, are you going to:

a only send them mobile marketing communications relating to your own products and

services;

b send them mobile marketing communications relating to both your own and third parties

products and services;

c ma ke their details a vailab le to other compa nies in the sa me group as you so they ca n send

them mo bile ma rketing co mmunica tions in relation to their prod ucts a nd s ervice s;d make their details available to unrelated third parties so they can send them mobile marketing

communications in relation to their products and services.

It is particularly important that if you are planning to make their details available to third parties

(w hether related to y ou or not) you ma ke this very clear up front.

Where appropriate you may want to split your opt in mechanism so that there are separate opt ins to

mirror the different types of scenario set out in (a) to (d) above.

This ha s the a dva nta ge tha t where, for exa mple, s omeo ne is ha ppy to receive marketing from yo u in

relation to your own products and services (scenario (a) above) but not any other type of marketing,

they can opt in specifically to just receive this type of marketing. If the opt in is not split, this person

will proba bly not g ive a n opt in a t a ll, a s this will open them up to rec eiving types of ma rketing which

they do not want to receive (scenarios (b) to (d) above) in which case you will lose the ability to

ma rket to them a t a ll. (Also se e B 4.2 below).

You must also ma ke sure tha t your marketing da tab a se is set up in such a wa y that you ca n

clearly s ee w ho ha s given w hat level of opt in. For example, you must b e a ble to clearly s ee w ho has

opted in to receive mobile marketing from you and who has opted in for their details to be sent to

third parties.

3.8 Using the opt in once you have got i t

If someone has opted in to receive mobile marketing communications you must only send them

co mmunica tions which fa ll within the s co pe o f that opt in. In pa rticular, you mus t not ma ke their deta ils

available to third parties to send them mobile marketing unless you made clear you were going to do

this when you collected their details and they agreed to this as part of their opt in.

If you have collected someones details for a purpose other than to send them mobile marketing and

then decide that you w ant to use thes e d etails for mobile ma rketing then you must a sk that person to

opt in to this before you do so.

If you want to use someones details for anything significantly different from what you originally told

them you we re g oing to do with their deta ils, then you must a sk that pe rson to a gree to this before you



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do so. For example, making details available to a third party for them to send mobile marketing to the

individua l where you ha d previously not to ld them yo u might d o this.

3.9 Making sure the rec ip ient knows w ho is contact ing them and how t hey can opt out

o f fur ther contact

You must not send any mobile marketing communications unless you have already provided therecipient with a valid a dd ress to w hich they ca n send an o pt out req uest or you do s o in the commu-

nication itself.

In ad dition, you must no t send a ny mob ile ma rketing c ommunica tions whe re the identity of the perso n

on whose behalf the communication has been sent has been disguised or concealed.

P leas e also see B 4 below.

3.10 Some types of campaign where you need to be particularly careful re: legal com pliance

Where you are intending t o run a m obile marketing campaign involving any of the following:

children; a nyone outside the UK /EU; a competition or prize draw; ga ming o r betting; any regulated industry, for example financial services; online sales or sales via a mobile device; a nything potentially offensive; a nything pa rticularly unusual; then you need to be particularly careful to ensure that your campaign is legally compliant.

4. Do I need to include any special wording or information in any mobile marketing

communications or on any promotional material for any mobile marketing campaigns?

4.1 Wording/ informat ion to include in al l mob i le market ing commu nicat ions

NB All the points be low a ss ume tha t you ha ve a lrea dy o bta ined o pt in (or soft opt in) co nsent from the

rec ipient of the m ob ile ma rketing c ommunica tion to se nd them that mob ile ma rketing c ommunica tion

(see B3.6 above).

You must make sure that all mobile marketing communications sent by you:

are clearly identifiable as mobile marketing communications;

clearly identify:- the person on whose behalf the communicat ion is being sent; and

- if this is a different person, the person to w hom the recipient gave the permiss ion to send them

mobile marketing communications on which you are relying to send them this communication

(the permission holder);

include clear identification of any promotional offers you are advertising together with anunambiguous explanation of any qualifying conditions regarding such offers;

include clear identification of any promotional competition or game; and



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if you are using the mobile marketing communication to collect personal details in order to carryout further mobile ma rketing to the recipient a nd the rec ipient ha s not a lrea dy given a clea r opt in

for you to d o this, include s uita ble opt in wo rding.

In addition to the req uirements a bo ve for wo rding/informa tion to be included in the m ob ile ma rketing

co mmunica tion itself, you mus t a lso include a means of accessing:

- the ba sic information referred to in B4.3 below;

- a ny conditions for qua lifying for participation in any promotional competition or game (which

co nditions must be clear and unambiguous);

- any other applicab le terms and condit ions; and

- if you are using the ca mpaign to collect persona l details, your privacy s tatement.

This mea ns of ac ces s c an b e a web site add ress . If you are providing a web site a dd ress then it is b est

practice to a lso provide a phone number as well in ca se the recipient do es not have ea sily a vaila ble

web access. You must not use phone numbers or other methods of access which exceed the

national standard rate for this purpose. It is best practice where providing a phone number for this to

be a free phone number w here pos sible.

4.2 Opt in and opt out m echanisms

If you are using the campaign to collect personal details, you must provide a suitable mechanism for

opting in or out of receiving further mobile marketing communications at the point at which these

de ta ils a re co llec ted (se e B 3.6, B3.7 and B 4.1 ab ove). This me cha nism mus t be c lea rly brought to the

recipients attention. In particular, when collecting personal details via a mobile phone the necessaryopt in wording must not simply be included in a privacy statement accessible through a web site as

this is not bringing it clearly to the recipients attention.

In addition, each time you send a mobile marketing communication you must provide a clear

response mechanism through which recipients can unsubscribe from further such mobile marketing

communications. It is best practice to provide a response mechanism through which the recipient can

unsubs cribe simply by replying S TOP o r S TOP p lus a se rvice identifier (suc h a s o ne or more wo rds

or a number) to a ny mob ile ma rketing c ommunica tion. If you a re not providing a S TOP resp ons e

mecha nism, then you must provide a clear, memorab le a nd ea sy to use alternative opt out route. For

example a web site a dd ress or telephone number.

It is best practice to unsubscribe a recipient from a service where it is their clear intention to unsub-

sc ribe even if they have not us ed the correct unsubsc ribe mecha nism. For example, where instea d of

replying S TOP the recipient has replied unsubs cribe or so me other wo rd or wo rds to the sa me

effect as S TOP .

If a recipient sends a response from which it is not clear whether or not they intend to unsubscribe or,

if there is more than one service involved, which service(s) they intend to unsubscribe from, then it is

be st prac tice to c onta ct tha t recipient onc e (but no more tha n onc e) in order to c la rify their intentions .

If you are providing a web site a dd ress then it is bes t practice to a lso provide a phone number as well

in ca se the recipient does not have ea sily a vailab le w eb a cc ess . You must not use phone numbers o r

other methods of ac ces s w hich exc eed the na tional sta nda rd rate for this purpose. It is b est prac tice

where providing a phone number for this to be a free phone number where possible.



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When putting in pla ce your opt out mec ha nism y ou ma y w a nt to be a r in mind w hether or not you w ish

to differentiate between different types of opt out. For example, where the recipient wants to opt out

of receiving third pa rty mob ile ma rketing co mmunica tions but is s till happy to rec eive mo bile ma rket-

ing communications in relation to your own products or services.

4.3 Basic inform at ion which you must br ing to th e recipient s at tent ion

Even if there a re no terms a nd c ond itions a s s uch in relation to the ca mpa ign yo u must s till ma ke sure

that you have brought the following basic details to the recipients attention in such a way that they

have had an opportunity to easily access and read them (please see B4.1 for further guidance as to

how to provide this opportunity):

the name of the person on whose behalf the mobile marketing communication is being sent;

that persons geographic address;

that persons contact details (including an e-mail address);

if that person is a registered company, their registered company number;

reference to any codes of conduct that person is subject to and how these can be accessedelectronically.

4.4 Some addit ional basic informat ion requirement s appl icable in specific circum stances

Please note that there are specific requirements under the E-Commerce Regulations (please see

Appendix) in relation to additional information to be provided;

by people who are members of a regulated profession, such as lawyers, doctors or accountants;

by people who are registered on a trade or similar register which is available to the public;

where a mobile marketing communication is being sent as part of a service which is subject to aregulatory authorisation scheme; or

w here a mob ile ma rketing co mmunica tion is b eing se nt a s pa rt of a se rvice which is s ubjec t to VAT.

If these requirements are applicable to you then you must comply with them as well as with the aboveMMA Cod e req uirements .

4.5 Use of hard copy promot ional mater ia l

Where a campaign is being publicised by hard copy promotional material, such as a card given out in

certain shops, then the basic information set out in B4.3 can be included on this card, together with

suitable opt in wording (see B4.2) and a means of obtaining access to the full terms and conditions

and privac y sta tement, for example a web site add ress , or phone number. This me ans of ac ces s mus t

be straightforward and easy to use.







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If you are using a mec hanism s uch a s a ca rd g iven out in shop s/on the s treets , then it is us eful to g ive

a cod e (this c an b e a co de w ord or a number) which needs to be texted ba ck to you in order to enter

the promo tion. This a llow s yo u to see tha t ea ch perso n entering the promotion has se en the ca rd a nd

therefore the information held on the ca rd.

Please note that this does not affect the requirements set out in B4.1 to include (as opposed to just

ma king a cc es sible) ce rtain w ording/informa tion in a ll mobile co mmunica tions .

4.6 Terms and condit ions and pr ivacy statem ent

At the start of any promotion, you must make sure that any applicable terms and conditions are

brought to the recipients a ttention in such a wa y that they ha ve had an o pportunity to ea sily a cc ess

and read these.

In addition, if you are using the campaign to collect any personal details then you also need to make

sure that a suitable privacy statement is brought to the recipients attention in such a way that they

have had an opportunity to easily access and read this.

Your privacy statement must contain at least the following details:

who you are; what you collect and use personal information for; w hether you w ill disc los e this informa tion to a nyone e lse ; that anyone whose information is being held by you is free to opt out of receiving further mobile

marketing communications at any time;

an explanation as to how to opt out of receiving further mobile marketing communicationsfrom you;

who to contact to ask questions, check the information held is accurate or change this

information;

whether any personal information will be transferred outside the European Economic Area and ifso why and what for.

Where you are also collecting details through a web site linked to the mobile marketing, the privacy

policy must also make clear whether you are using any cookies on that site and, if so, what for and

how these ca n be disa bled.

The means of ac ces s to the terms a nd co nditions a nd privac y sta tement must b e straightforwa rd

and easy to use. For example, access through a web site address included in the mobile marketing

communica tion a nd on a ny relevant ha rd c opy promotional materia l as sta ted a bove.





4.7 The approach to take to al l informat ion/ word ing to be provided

All terms a nd c ond itions , privacy s ta tements , opt in/opt o ut wo rding a nd promotiona l ma teria l must b e:

clear; concise; easy to understand (bearing in mind the age of the target group); and customer friendly.



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4.8 Some types of marketing wh ere there wil l be addit ional requirement s in relation to information

to be p rovided

If you a re s ending mob ile ma rketing to children then there are a number of a dd itiona l things to b ea r in

mind. S ee B 5 below.

If you a re including g a mes , co mpetitions , prize promotions o r prize d raw s in your ca mpa ign then thereare a number of ad ditional things to b ea r in mind. S ee B 6 below.

If you are sending mobile marketing in relation to any specially regulated products or services, for

example financial services (including insurance), tobacco, alcohol or gambling, then you must make

sure that you comply with any specific legal or regulatory requirements in relation to the marketing of

such products or services a nd s hould ta ke legal ad vice where appropria te.

If any s ales a re being entered into b y co nsumers a s pa rt of a mobile ma rketing c a mpaign so that there

is no face to fac e co ntac t betw een the cons umer and the seller before the sa le ta kes plac e then there

is s pec ific UK leg islation that ma y a pply to this (se e Append ix) a nd yo u should ta ke leg a l a dvice w here

appropriate.

5. What about children?

All mobile marketing to children must be carried out in a responsible and sensitive manner and the

manner and c ontent of such ma rketing must b e a ppropria te to the target a ge group.

In pa rticular, a ll mobile ma rketing must be ca rried out in ac co rda nce with the follow ing guidelines :

Age What you are/are not allowed to do

Under 12 Collection of details

You must no t co llec t a ny perso na l de ta ils from or send a ny ma rketing (how ever soft)

to c hildren under 12 yea rs of a ge unless the childs pa rent or gua rdian ha s g iven their

explicit and verifiable consent to this.

Subject to the conditions below, if the childs parent or guardian has given such

cons ent you ma y c ollect such limited deta ils from the c hild as you need to s end them

further limited mobile or online communications (i.e. their name, their age, their

mob ile numbe r and , if applica ble, their e-mail a dd res s).

You ma y o nly d o this if you have first m a de clear to the c hilds p a rent/gua rdian (in

clear user friendly language) why you are collecting the childs details and what you

a re go ing to us e them for in suc h a w a y tha t it is c lea r tha t the childs pa rent/gua rdian

understands what is involved and has agreed to this.

Use of details by you

You ma y use thes e limited deta ils for relations hip ma rketing purpos es provide d that:

such marketing is appropriate to the age of the child; and

suc h use fa lls w ithin the type o f use tha t you ha ve told the c hilds pa rent/gua rdianthat you are going to use the childs details for.



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Making details available to third parties

You must not make the childs details available to any third party unless you have

explained to the childs pa rent/gua rdian tha t you a re propos ing to d o this a nd w hy

and have obtained their explicit and verifiable consent to this.

12-13 Collection of details

Subject to the conditions below, you may collect such limited details from the child

a s you nee d to se nd them further limited mob ile o r online c ommunica tions (i.e. their

na me, their ag e, their mob ile numb er a nd, if app lica ble, their e-mail a dd res s).

You may only do this if you have first made clear to the child (in clear child friendly

la nguag e) why you a re co llecting thes e deta ils a nd w hat you a re go ing to use them

for in such a wa y that it is clear that the child understa nds wha t is involved a nd ha s

a greed to this.




suc h use falls w ithin the type of use tha t you have to ld the c hild tha t you a re go ingto use their details for.


You must not make the childs details available to any third party unless you have

explained to the childs pa rent/gua rdian tha t you a re propos ing to d o this a nd w hy

and have obtained their explicit and verifiable consent to this.

14-16 Collection of details

Subject to the conditions below, you may collect such limited details from the child

a s you nee d to se nd them further limited mob ile o r online c ommunica tions (i.e. their

na me, their ag e, their mob ile numb er a nd, if app lica ble, their e-mail a dd res s).

You may only do this if you have first made clear to the child (in clear child friendlyla nguag e) why you a re co llecting thes e deta ils a nd w hat you a re go ing to use them


a greed to this.




suc h use falls w ithin the type of use tha t you have to ld the c hild tha t you a re go ingto use their details for.



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In addition, you may use these limited details to promote specific products or

services provided that:

such products or services a re:

appropriate to the age of the child;

are the type of products or services which are regularly consumed bychildren of tha t a ge; a nd are w ithin the a vera ge budg et of children of tha t a ge;

the manner and content of s uch promotion is appropriate to the a ge of thechild; a nd

suc h use fa lls w ithin the type of use tha t you ha ve told the child tha t you a re g oingto use their details for.


You must not make the childs details available to any third party unless:

you ha ve explained to the childs pa rent/gua rdian tha t you a re propos ing to d othis a nd w hy a nd ha ve ob tained their explicit and verifia ble cons ent to this; or

you have explained to the child (in clear child friendly language) that you arepropos ing to d o this and why in such a wa y that it is c lea r that the c hild understand s

wha t is involved a nd has a greed to this.

17 Collection of details

S ubjec t to the co nditions b elow, you may c ollec t suc h persona l de ta ils from the child

as you need for the purpose of mobile marketing to them.

You may only do this if you have first made clear to the child (in clear child friendly

la nguag e) why you a re co llecting thes e deta ils a nd w hat you a re go ing to use them


a greed to this.


You may use these details for all reasonable marketing purposes provided that:

such marketing is appropriate to the age of the child;

any products or services being marketed or promoted to them are able to belega lly c onsumed by children of that a ge and a re otherwise suitab le for cons umption

by them; and

suc h use fa lls w ithin the type of use tha t you ha ve told the child tha t you a re g oingto use their details for.



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You may make the childs details available to a third party provided you have

explained to the child (in c lea r child friendly la ngua ge ) tha t you a re propos ing to do

this a nd why a nd the child ha s a greed to this.

In addition to the above, you must comply with any specific requirements in relation to mobile

ma rketing to c hildren se t out in any o f the key leg islation or co des of prac tice liste d in the Append ix.

6. What if the campaign includes a game, competition, prize promotion or prize draw?

6.1 Informat ion to include in the promot ional mater ia l

Certain information must always be provided in the promotional material of any game, competition,

prize p romotion or prize d raw . This is a s fo llow s :

any significant terms and conditions and where these are located;

a ny closing d ate of the ga me or competition;

a ny a ge , g eog raphica l or other eligibility restrictions; a nd

a description of the prizes and the number of prizes on offer in the case of games or competitionsor any a lterna tive prize tha t is a vaila ble s uch a s ca sh.

6.2 Informat ion to include in the terms and condit ions

In addition, the following must be included in the terms and conditions that relate to a game, compe-

tition, prize promotion or prize draw:

any need to obtain permission to enter from an adult or employer;

any requirements for proof of purchase;

how and when winners will be notified of the results;

any intention to involve winners in post event publicity;

a ny co nditions under which the entries may be disq ualified ; a nd

any costs which an entrant might not expect to pay in connection with the collection, delivery oruse of the prize or item.

6.3 Comp l iance with addit ional legal requirements

The law s tha t rela te to lotteries a nd c ompe titions a re c omplex. In pa rticular, there is a risk, if a

campaign including an element that falls within the ambit of these laws is not structured in the right

way, that you will be running an illegal lottery. If your campaign is going to include any game,

competition, prize promotion or prize draw, then you must ensure that you comply with any



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additional legal requirements in relation to this area as well as the requirements set out in the MMA

Cod e a nd s hould ta ke lega l ad vice w here a ppropria te.

7. Are there any ongoing considerations I need to think about?

7.1 Deal ing w i th changes to the campaign

If you are running a n ongoing mo bile ma rketing c a mpaign a nd you d ecide that yo u wa nt to cha nge a ny

significant aspect of the way in which this is being run, for example the nature of a particular promo-

tion forming pa rt of the ca mpaign, such a s a compe tition or draw, then you must c heck to s ee if you

need to revise your terms and conditions for this promotion.

Always include a term in your terms and conditions for any promotion that will allow you to change

these if you need to.

7.2 Keeping your m arket ing database up t o date

You must keep your marketing da tab as e a cc urate a nd up to da te. If you have not ha d a ny conta ct w ithsomeone on your marketing database for 12 months (whether by mobile marketing communication,

e-ma il or any other direct form of co ntac t) then you must delete tha t person from your da tab a se a s you

can no longer guarantee that that persons details will be accurate or that they will still want to receive

mob ile ma rketing c ommunica tions from yo u.

It is b est prac tice to c ontac t everyone on your ma rketing da tab a se a t lea st onc e every 3 to 6 months

(w hether by s ending them a mob ile ma rketing c ommunica tion, a n e-mail new sletter or a ny other direc t

form of contact) unless:

they have opted out of receiving further mobile marketing or other marketing communications

from you;

they are signed up to a regular seasonal promotion or service which is sent less frequently; or

there is some other special reason not to do this, for example it is inappropriate in the context ofthe specific nature of the relationship.

7.3 Opt out reminders

Where s omeo ne is s igned up to a reg ula r sea so na l promotion or se rvice , for example a se rvice tied into a pa rticula r sporting s ea son, then it is b est prac tice to conta ct tha t person:

at the end of the season to remind them that you will contact them again at the start of thenext season (unless they opt out in the meantime) and giving them the opportunity to opt out of

this; and

at the start of the next season (unless they have opted out in the meantime) to remind them thatthe promotion or service is about to restart and giving them the opportunity to opt out of this.

In addition to the MMA Code requirement to provide a clear opt out mechanism each time you send

a mobile marketing communication (see B3 above) it is best practice to send each person on your

database a mobile marketing communication every 6 months reminding them how they can

unsubs cribe from further mob ile m a rketing co mmunica tions .



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Where appropriate you may also send this 6 months opt out reminder by another medium provided

that a suitab le opt out route is s till provide d. The opt out reminder do es no t have to b e a se pa rate

contact just for that purpose and it may be linked to the best practice guidance set out above to

conta ct everyone on your marketing da tab a se a t lea st onc e every 3 to 6 months.

7.4 What to do i f someone wants to opt out

If so meone co nta cts you to uns ubs cribe from rece iving further mob ile ma rketing c ommunica tions from

you, then wherever poss ible you must ta ke a ll rea sona ble steps to a ction this immedia tely s o tha t they

do not receive any further communications after the time of contacting you. If this is not possible, you

must let them know when the opt out will be put into effect, warn them that some communications

may still be received in the interim a nd ta ke a ll rea so nab le s teps to ac tion the opt out a s s oon a s pos-

sible and in any event within 28 days.

8. Are there any special requirements in relation to marketing particular types of products or services?

There are a number of a rea s else whe re in the MMA Co de whe re s pec ia l req uirements a re s et out inrelation to certain types of marketing. In addition to these you must also comply with the following

requirements.

8 .1 Adu lt

You mus t only send ma rketing rela ting to a dult prod ucts or ma teria l to recipients who :

are 18 or over; and

have spec ific a lly c onsented to receive s uch a dult ma rketing.

8.2 Alcohol

Mobile ma rketing relating to a lco holic drinks must not ta rge t under 18s.

S ponsorship of text a lerts by a lcohol brands is a llow ed provided that:

the text a lert service is not s olely or prima rily a imed a t under 18s; a nd

the spo nsorship is done in such a wa y that it is not intrusive to under 18s who may be signed upto the text a lert service . A simple ta g line a t the end of the mess a ge sp ons ored by/pow ered by[inse rt name] is a cc epta ble. Anything more intrusive tha n tha t is not.

8.3 Bet t ing and gaming

Mobile ma rketing in rela tion to betting a nd g a mbling m ust not:

encourage a ddiction to g amb ling

be misleading on the associated costs or chances or winning

It mus t a lso co mply with a ll relevant regulatory req uirements .



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8.4 Employment /B us iness Oppor tun it ies

Mobile ma rketing in rela tion to e mployme nt/bus ines s o ppo rtunities mus t:

not be offensive; a nd

be clear who the person recruiting is and what the position is.

8.5 Financial services (including insurance)

Mobile ma rketing in rela tion to fi na ncial se rvice s must co mply w ith a ll relevant regulatory req uirements .

For example, any FSA requirements or GISC requirements.

8.6 Heal th products and t reatments / therap ies

Mobile ma rketing in rela tion to hea lth products a nd trea tments /therapies m ust:

not be misleading or offensive;

ma ke clear exa ctly wha t the product/trea tment/therapy b eing p romo ted is o r where to find furtherdeta ils a bout this; a nd

be sensitively and clearly worded.

P a rticular ca re mus t b e ta ken in rela tion to mob ile ma rketing in rela tion to co sm etic surgery.

Sponsored text alerts are acceptable. For example, Hayfever alerts sponsored by [insert name of

Hayfever relief brand].

8 .7 Moto r ing

Mobile ma rketing in rela tion to ma rketing must not e nco ura ge drivers to interac t w hile:

driving; or

in a petrol sta tion.

8.8 Weight cont ro l

Mobile ma rketing in rela tion to we ight c ontrol products must not:

promote being underweight; or

be offensive to overweight people.

Sponsorship of text alerts is acceptable. For example diet tips sponsored by [insert name of

slimming product].



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9. Are there any special requirements if I am using premium rate numbers?

Yes if you a re us ing p remium rate numbers the ICS TIS Co de of P rac tice will a pply and you mus t

comply with this in full. Please see the Appendix for further details.

10.Are there any special requirements if I am using location based mobile marketing?

The c ollec tion a nd us e o f loc a tion d a ta rela ting to individua ls is sub jec t to spe cific leg a l

req uirements , in pa rticular thos e s et o ut in the Elec tronic C ommunica tions Reg ula tions (se e Appendix).

If you are planning to collect o r use such d a ta in a ny wa y you must ma ke s ure tha t you co mply w ith

these requirements.

In a dd ition, yo u must:

only send location based mobile marketing (i.e. mobile marketing which is sent based on theloc a tion of the recipient a t a given time) to peo ple w ho ha ve sp ec ific a lly a greed to receive this ty pe

of marketing; and

each time you send a location based mobile marketing communication provide the recipient witha simple free of charge (other than the costs of transmission) means of opting out of receiving any

further such location based mobile marketing communications at any time.

When asking people to opt in to receive location based mobile marketing you must make clear

to them:

tha t in order to s end them s uch ma rketing it w ill be nece ss a ry to ide ntify the loc a tion of their mob iledevice a nd s o their persona l loca tion; a nd

what you will be using these location details for.

Please note that if you are a network operator or provider there are some very specific requirements

on you under the Electronic Communications Regulations in relation to the use of location data and

provision of loc a tion ba se d s ervice s a nd you must ens ure tha t you com ply with thes e in ad dition to the

above MMA Code requirements.

11.Are there any special requirements if I am actually selling products or services to

consumers via a mobile marketing mechanism?

If you se ll goods or services to c onsumers:

on the internet; on interactive digital television; by mail order, including catalogue shopping; by telephone; by fa x; or by advertising on television or radio, in newspapers or magazines;

then the Distance Selling Regulations (see Appendix) may apply to your business and you must make

sure tha t you c omply w ith these.



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12.What about complaints?

Complaint ha ndling is pa rt of bra nd ma nag ement a b a dly dea lt with compla int ca n da ma ge a brand

far more than almost anything else.

You must ma ke sure that a ll co mpla ints a re ha ndled a s q uickly a nd efficiently a s po ss ible and tha t your

complaint handling procedures are:

clear; transparent; respo nsive; a nd customer friendly.

C.Contact the MMA

P lea se co nta ct the MMA if you a re interested in memb ership a nd/or our lob bying a ctivities or you ha ve

a ny q uestions in relation to the MMA Co de .

Our conta ct d etails a re:

[email protected]

Our web site is a t ww w.mmag loba l.co.uk/



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AppendixKey Applicable Legislation/Codes

The key leg is la tion/cod es of pract ice to b ea r in mind in relation to mo bile ma rketing a re:

1. The Br it ish Code of Adver t is ing, Sales Promot ion and Direct M arket ing

Any form of ad vertising mus t co mply w ith the B ritish C od e of Advertising, S a les P romo tion a nd Direc t

Marketing (the CAP Code) written by the Committee of Advertising Practice (CAP) the body that

represents the marketing and media business, and administered independently by the Advertising

S ta nda rds Authority (the AS A). The AS As c ontrol over adve rtiseme nts is s elf-regulato ry, b ut if the

CAP Code is breached, then there are sanctions that the ASA can impose if the provider does not

cha nge or withdraw the a dvertisement. These a re:

Refusa l by publishers a nd med ia ow ners to c a rry the o ffending a dvertisement; P ublica tion o f a n a djudica tion a ga inst the a dvert often lea ding to a dverse publicity; Withdrawal of trading privileges and other incentives available through the membership of some

a dvertising bod ies; a nd

The referra l of a pers is tent o ffende r to the Office of Fa ir Trad ing , w ho ma y s eek a n injunct ionthrough the courts.

Among other things there are specific provisions in the CAP Code concerning advertising directed

at children.

A co py of the CAP C od e is a vaila ble on the AS As w eb s ite w hich is a t ww w.a sa .org.uk/index.a sp

2. The Direct Market ing Assoc iat ion Code of Pract ice (the DMA Code)

The DMA Co de is of ma nda tory a pplica tion to memb ers o f the Direc t Ma rketing Ass oc ia tion (DMA).

Even for non-DMA members, following the DMA Code is best practice and the MMA would strongly

ad vise tha t all its memb ers d o s o.

Cons eq uences of non-complianc e w ith the DMA Cod e c onsist of a djudica tion of a ny co mpla int by the

Direc t Ma rketing Authority w hich has the po we r to:

S eek undertakings ; Issue a public admonition; Suspend or terminate membership of the DMA. Among other things the DMA Co de co nta ins s pec ific provisions rela ting to direc t ma rketing a imed

a t c hildren.

A copy of the DMA C od e is a va ila ble from the DMA (free for DMA mem be rs). The DMAs w eb s ite is a t

w w w.d ma .org.uk/DMA/de fault.a sp

3. The Direct Marketing Association Draft Code of Practice for SMS Marketing (the SMS Code)

The S MS C od e is of ma nda tory a pplica tion to memb ers of the Direc t Marketing Asso ciation (DMA).

Even for non-DMA members, following the SMS Code is best practice and the MMA would strongly

ad vise tha t all its memb ers d o s o.

The cons eq uences o f non-complia nce w ith the SMS C ode a re a s for the DMA Co de a bove.

A copy of the S MS C od e is a va ila ble from the DMA (free fo r DMA mem be rs). The DMAs w eb s ite is a t

w w w.d ma .org.uk/DMA/de fault.a sp



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4. The Data Protect ion Act 1998 (the 1998 Act)

The 1998 Act regula tes the proc ess ing o f personal da ta. P ersonal da ta is defi ned fa irly b roa dly under

the 1998 Act a nd c a n include na mes, a dd ress es, e-ma il ad dresses a nd mob ile telephone numbers or

any of these. Many brea ches of the 1998 Act a re criminal offences. Further, the direc tors or other

officers of a compa ny in breach ma y a lso be personally liable.

To force co mplia nce, the Information C ommiss ioner ma y s erve enforcement a nd/or information

notices, the latter requiring a controller to provide information to assist the Commissioner in

determining whether the data protection principles have been broken. Going even further, the

Commissioner may in certain circumstances apply to the court for an entry and inspection warrant.

Non-co mplianc e c an result, a mong o ther things, in the imposition of fi nes and compe nsa tion a wa rds

by the c ourts a nd/or deletion of da ta co llec ted in brea ch o f the Data P rotec tion Act 1998.

The Information C ommiss ioners we b site c onta ins useful complia nce information including guida nce

on co mplia nce w ith various a sp ec ts of the Da ta P rotec tion Act 1998. The ICs w eb s ite is a t

www.informationcommissioner.gov.uk

5. The Electronic Comm erce (EC Direct ive) Regulat ions 2002 (the E-Comm erce Regulat ions)

Thes e Reg ula tions impleme nt the Elec tronic C om merce D irective. The Direc tive aims to ha rmonise the

la w ac ross the various memb er sta tes o f the EU in rela tion to c ertain as pects of electronic commerce.

A brea ch o f the req uirements under the Regulations is a ctiona ble by the recipient of a relevant s ervice

(which includes marketing by SMS) as a breach of statutory duty.

A copy of the E-Commerce Regulations is available on the HMSO web site which is at

www.hmso.gov.uk

G uida nce on the E-Commerce Re gula tions is a vaila ble on the DTIs we b s ite w hich is a t

www.dti.gov.uk.

6. The Privacy and Electronic Comm unicat ions (EC Direct ive) Regulat ions 2003

(the Electronic Comm unicat ions Regulat ions)

Thes e Re gulations implement the Da ta P rotec tion a nd Elec tronic Co mmunica tions Direc tive. This

Directive aims to harmonise the law across the various member states of the EU in relation to certain

ma tters rela ting to elec tronic c ommunica tions . They include, in pa rticular, s ec tions on restrictions on

the proce ss ing of loca tion d a ta (reg ula tion 14) a nd use of electronic ma il (including text, voice, so undor image message and specifically including SMS) for direct marketing purposes (regulations 22 and

23). The Electronic Co mmunica tions Reg ula tions provide tha t a s a ge neral rule (sub jec t to ce rtain

limited exceptions) you may only send direct mobile marketing to a recipient who has opted in to

rec eive s uch m ob ile ma rketing.

A copy of the Electronic Communications Regulations is available on the HMSO web site which is at

http://w w w.hms o.g ov.uk/

The Informa tion C ommiss ioner is resp ons ible for enforcing the Electronic Co mmunica tions

Regula tions a s we ll as the Da ta P rotec tion Act 1998. The Informa tion C ommissioner is a lso resp onsible

for issuing guidance notes on complying with the Electronic Communications Regulations. All

currently a va ila ble guida nce no tes on a rea s for which the Informa tion C ommiss ioner is resp ons ible are

a va ila ble on the Information C ommiss ioners w eb site a t http://ww w.informa tionc ommiss ioner.go v.uk



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7. The ICSTIS Code of Pract ice (the ICSTIS Code)

The Independ ent C ommittee for the S upervision of S ta nda rds of Telephone Informa tion S ervice s

(ICS TIS ) reg ula tes the c ontent a nd promotion o f a ll service s offered on p remium ra te. Its role is to

prevent consumer harm, by requiring clear and accurate pricing information, honest advertising and

operation of s ervices a nd a ppropria te a nd ta rgeted promotions.

The role o f ICS TIS is to s upervise bo th the c ontent o f a nd promotiona l materia l for premium rate

se rvice s a nd, w ith the suppo rt of the netwo rk opera tors, to enforce the ICS TIS Co de. ICS TIS

undertakes the following tasks:

setting and maintaining standards and, as appropriate, requirements for the content andpromotion of premium rate services, and keeping these standards under review;

co nsulting the industry and other stakeholders b efore c hanging these s tand ards;

monitoring premium rate services to ensure that both the content and promotional materialcomply with these standards;

determining any categories of premium rate service which may only be provided on the basis ofprior written permiss ion from ICS TIS , ide ntifying c onditions which s hould be a tta che d to the gra nt

of such prior permission, keeping such categories and conditions under review, and receiving,

co nsidering a nd de termining a pplica tions for prior w ritten pe rmiss ion;

investigating and adjudicating upon complaints relating to the content and promotion of premiumrate s ervices and reco mmending a ction des igned to a chieve co mplianc e w ith the ICS TIS Cod e

where that ha s been b rea ched, which ma y include the imposition of s anc tions; a ll of these, to geth-

er with decisions relating to the refusal, or grant upon conditions, of prior permission, are subject

to a n independent a ppea ls proced ure;

administering a system for the payment of claims for compensation for unauthorised use of LiveS ervices , a nd providing a sys tem for adjudica tions where such c la ims a re d isputed;

publishing reports on its work at regular intervals and generally publicising its role.

A co py of the ICS TIS Co de of P rac tice is a vaila ble on ICS TIS w eb s ite w hich is a t

w w w.ics tis.org. uk/ics tis2002/de fault.a sp

8. The Consumer Protection (Distance Selling) Regulations 2000 (the Distance Selling Regulations)

The Dista nce S elling Reg ula tions a pply to b oth go ods a nd s ervices , w here a contrac t is ma de without

any fac e-to-fac e c ontac t be tween supplier and co nsumer. The Dista nce S elling Reg ula tions do not

apply to business-to-business trans a ctions or contrac ts tha t rela te to fi nancial services , the purcha se

of good s from a vending ma chine or the purcha se of goo ds from a n auc tion.

The key fea tures of the regula tions a re a s follow s:

the consumer must be given clear information about the goods or services offered before he orshe buys;

the co nsumer must be given w ritten confirmation of the purcha se; a nd the consumer is entitled to a cooling off period of 7 working days.



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A copy of the Distance Selling Regulations is available on the HMSO web site which is at

www.hmso.gov.uk/

G uida nce o n the Dista nce S elling Reg ula tions is a va ila ble on the DTIs we b s ite w hich is a t

www.dti.gov.uk.

Documents

MMA Code of Conduct Dec03