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WHAT
CONFIANZA ONLINE IS Until the approval of the “Ethical Code on E-commerce and Interactive Advertising“, there were two different Self-Regulatory Systems for the Internet: The first of these was the “Code of Protection on the Internet” drafted by AECEM in 1998. The second was the “Ethical Code of Internet Advertising” of AUTOCONTROL (1999). Both of these systems had their respective mechanisms for the application of the rules, and they were considered as pioneering self-regulatory systems in Spain, in a moment when laws and specific regulation in new media did not exist yet. In 2000, the European Directive 2000/31/CE was issued regarding issues of E-commerce, which was implemented in Spain through the Spanish Law 34/2002, on Information Society Services and E-commerce (known as LSSI). Both Laws reflect how the statutory authorities pledge their commitment to the development of self-regulation for the new media. In this context, AECEM and AUTOCONTROL decided to join their efforts and knowledge to establish an integral Self-regulatory system for E-commerce and interactive advertising. This common commitment will benefit consumers as well as industry and the society. Besides, this agreement avoids the proliferation of different Self-regulatory systems that could create confusion among consumers and companies. With this spirit of joining efforts, the Interactive Advertising Bureau of Spain (IAB Spain) added theirs. IAB has actively contributed in the Code drafting of all advertising and data protection related rules in close cooperation with AUTOCONTROL. The result of this joint work is reflected in the ethical rules for advertising communications and personal data protection of the new Code. The starting point for the drafting of the advertising standards has been the “Ethical Code for Internet Advertising” of AUTOCONTROL, and the final result encompasses the work developed by the IAB’s Legislation and Standards Commission during several months in 2002. A numerous group of relevant associations in the fields of commercial communications and new media also joined to this self-regulatory project for E-commerce and interactive advertising. These organisations are: AEA, Asociación Española de Anunciantes, (Spanish Advertiser Association); AEAP, Asociación Española de Agencias de Publicidad (Spanish Advertising Agencies Association); AMPE, Asociación de Medios Publicitarios de España, (Spanish Advertising Media Association); ACM, Asociación de Centrales de Medios (Media Agencies Association); FECEMD, Federación Española de Comercio Electrónico y Marketing Directo (Spanish Electronic Commerce and Direct Marketing Federation) and AGEMDI, Asociación de Agencias de Marketing Directo e Interactivo, (Direct and Interactive Marketing Agencies Association).
WHAT
CONFIANZA ONLINE IS Confianza Online´s main objectives are:
WHAT
CONFIANZA ONLINE IS CONFIANZA ONLINE was born with an integral vocation and with the
aim of joining all possible efforts to promote and defend e-commerce
and interactive advertising. Data protection is also included in the scope of this Code and self-regulatory System, because this is a sensitive area that demands and deserves a special safeguard in the development of advertising activities and e-commerce with consumers.
WHAT
CONFIANZA ONLINE IS This self-regulatory system is based on four pillars: 1º) Ethical Code on E-commerce and Interactive Advertising 2º) A mechanism for the application of the rules established in the Code, with the aim of complaints. This alternative dispute resolution system (ADR) is based on the activity of two bodies: the Complaints Committee of AUTOCONTROL (called Jurado de la Publicidad), for all matters related to advertising through the new electronic media; and the Spanish Arbitration Council on Consumer Affairs (Junta Arbitral Nacional de Consumo), for all issues related to electronic commerce (contractual transactions) with consumers in the new media, preceded by AECEM’s mediation. AUTOCONTROL’s Complaints Committee (Jurado) was set up in 1996. Since then, is composed of independent and indebtedly prestigious experts in the fields of Law, Economy and Commercial Communications. The 25% of its members are appointed annually by AUTOCONTROL jointly with the Instituto Nacional de Consumo -the Spanish statutory authority on consumer affairs-. Its work as ADR for solving complaints is guided by the Jurado’s Rules of Practice. At this point in time, the Jurado has solved more than 800 advertising complaints. The Junta Arbitral Nacional de Consumo is the Spanish arbitration body on consumer affairs. It depends on the Instituto Nacional de Consumo, the Spanish statutory authority on consumer affairs. It has been operating since the passage of the Real Decreto 636/1993, that regulates the arbitration system on consumer affairs. A Courtof arbitrators is responsible for the resolutions of complaints. The procedure, established in the aforementioned Royal Decree, is based on the voluntary commitment made by both parties: if they accept the arbitration, the decision of the Junta Arbitral Nacional de Consumo has the same enforceability as an arbitral award. The Junta will only deal with the complaints on contractual aspects in those cases where the mediation process by AECEM (7 working days) has not reached a satisfactory solution. The Junta will then examines should try the complaint in the light of the rules contained in the Code of Confianza Online. Both, AUTOCONTROL’s Complaints Committee (Jurado) as well as the Junta Arbitral Nacional de Consumo, belong to the European Extra-judicial Network “EEJ Net” set up by the European Commission. Both of them guide their activity upon the principles of independency, clarity, contradiction, efficacy, legality, freely election and the right of representation for consumers, established in the European Commission’s Recommendation 98/257/CE 3º) A Secretariat. CONFIANZA ONLINE’s Secretariat –Conde de Peñalver 52, 1º D – 28006 Madrid – Phone: (+34) 91.309.13.47 – Fax: (+34) 91.402.98.24 – e-mail: secretaria@confianzaonline.org- is jointly managed by AECEM and AUTOCOTROL’s General Directors. The Secretariat is the responsible for the complaint procedure and the daily administration of this self regulatory system as well, including the Trustmark’s management. All the complaints against commercial communications or B2C contractual transactions pledged to be in breach of the Code should be sent to the Secretariat. 4º) A Trustmark.
WHAT
CONFIANZA ONLINE IS CONFIANZA ONLINE provides companies and new media users with a specific Code of practice, the “Ethical Code on E-commerce and Interactive Advertising” and a Trustmark as well. Through this Trustmark, to be inserted in the adhered companies websites, these firms can show their responsibility commitment in their commercial communications and contractual transactions with consumers and make it easily visible. Adhered companies are offering Internet users more guarantees, increasing thus this manner consumers’ trust in the new media. However, in a field as dynamic and changing as electronic media, the capability to adapt to technological, economic and social changes is essential. In this context, a self-regulatory system such as CONFIANZA ONLINE offers some remarkable advantages with regard to the conventional dispute resolution mechanisms, such as speedy reaction, flexibility and vocation of co-ordination and integration at supra-national level. These advantages represent a way for overcoming the problems deriving from the globality and absence of territoriality control on the Net, which the legislation and courts have remarkable difficult to tackle with.
WHO
WE ARE AUTOCONTROL: The Spanish advertising self-regulatory organisation, Asociación para la Autorregulación de la Comunicación Comercial (AUTOCONTROL), was established in 1995. AUTOCONTROL is a non profit making association integrated by Advertisers, media and advertising agencies, as well as associations representing their interests. The purpose of this association is the management of the Spanish advertising self – regulatory system, which is based on three pillars: a) Set of rules governing the content of advertising, established
in Codes of practice. AUTOCONTROL has showed an unquestionable interest in new electronic media as its activity reflects. In 1999 it approved the “Ethical Code of Internet Advertising”, with the purpose to extend and foster an honest and truthful advertising activity on new media. Since 2000, AUTOCONTROL is member of EEJ Net, European extra-judicial network, in recognition of its compliance with performances of Commission Recommendation 98/257/CE. AECEM, (Asociación Española de Comercio Electrónico y Marketing Relacional), which was set up in 1998, is integrated by Spanish companies trying to combine common efforts to achieve a more secure and reliable electronic commerce. The principal purpose for AECEM is to promote electronic commerce in Spain. This is accomplished through defending the interests of the Spanish companies on this matter, providing the necessary mechanisms for fostering a self-regulatory system that makes commercial activities on new media possible. AECEM also collaborates with statutory authorities and other associations committed with the promotion of electronic commerce in Europe and the rest of the world. At the end of 1998, AECEM issued its “Ethical Code of Data Protection on the Internet”, with the purpose of impulsing consumers’ trust on the Internet as well as the protection of personal data.
WHO
WE ARE IAB-Spain: The aim of Interactive Advertising Bureau Spain (IAB-Spain) is to represent and defend its members’ professional interests. The association promotes self-regulation on Internet, wireless and interactive television, electronic networks, telecommunication systems and other advertising interactive media, as well as the development of the interactive advertising sector, through management, co-ordination, representation and advice services. IAB Spain has closely co-operated with AUTOCONTROL on the redraft of the advertising and data protection standards of the new “Ethical Code on Electronic Commerce and Interactive Advertising”, drawing on the preceding AUTOCONTROL’s “Ethical Code of Internet Advertising”.
WHO
WE ARE AEA, Asociación Española de Anunciantes, (Spanish Advertisers Association) is a non-profit making association, which was established in 1965 based on the 1965 Spanish Association Law, and it is registered at the National Register of Associations. The AEA’s main aim is to protect companies on all the matters that affect advertising. Its objectives are: a) To represent its members in front of the society. AEAP, Asociación Española de Agencias de Publicidad (Spanish Advertising Agencies Association) was established on 1977, and represents the main companies of this sector. Its members manage almost the 90% of the advertising investments through agencies. AMPE, Asociación de Medios Publicitarios de España, (Spanish Advertising Media Association) was set up in 1963, with the objective of getting the necessary recognition / acknowledgement of advertising as a necessary and professional activity. It was joined by media of the advertising sector: press, magazines, radio, television, outdoor, cinema and Internet. Because of its being a non-profit making organisation, AMPE co-operates with the competent statutory authorities. ACM, Asociación de Centrales de Medios (Media Agencies Association). This non-profit making association was established in 1989, and brings together almost all media agency in Spain. ACM is composed of 15 companies, whose turnovers represent almost the whole Spanish advertising investment. Its main activity is the investigation, planning and purchase of advertising on different media, especially television, press, radio, outdoor, cinema and Internet. In new media field, ACM works through its Interactive Committee. FECEMD, Federación Española de Comercio Electrónico y Marketing Directo (Spanish Electronic Commerce and Direct Marketing Federation) is a non-profit making association that was established in 1977, founded by seven of the most representative associations of this sector, which involved e-commerce and direct, interactive, telephone marketing, as well as direct advertising, database and distance selling. Both AECEM and AGEMDI belong to FECEMD, which offers expert advice, training, information, promotion and development of this activity field. There are more than 350 companies inside, like advertisers, advertising and media agencies, networks, portals, ISPs and mail-order companies. The number and the representatively of the belonging companies provide FECEMD with a very important weight on electronic commerce and direct marketing sectors. AGEMDI, Asociación de Agencias de Marketing Directo e Interactivo (Direct and Interactive Marketing Agencies Association) was established in September 1999 as the strategic union among direct marketing and interactive marketing agencies in a single association. It is integrated on FECEMD, with six other associations as well. AGEMDI represents the rational evolution of AGEMD, Asociación de Agencias de Marketing Directo (Direct Marketing Agencies Association), which was founded in October 1995 by 19 agencies. Currently, AGEMDI is composed of 51 agencies. Its main aims are to share its knowledge of direct and interactive marketing agencies, as well as promoting training and professional field development, an increase of interactive agencies’ presence, the study of the evolution of thissector and self-regulation. FNEP, Federación Nacional de Empresas de Publicidad (Advertising Companies National Federation) is a non-profit making association that was established in 1978 for the coordination, representation, management, development and defense of advertising interests. It was joined by trade associations as well as single companies who work in advertising fields without representing trade unions. The Federation’s main purpose is to use advertising development as a basic communication and economic resource mechanism, to emphasise the importance of advertising in our society, as well as representing, promoting and defending of professional members’ interests. ASIMELEC, Asociación Multisectorial de Empresas Españolas de Electrónica y Comunicaciones (Electronic and Communication Spanish Multi-sectoral Association) was established in 1984, and represents manufacturers, traders, providers and telecommunication installers. It is one of the most important agents before the Spanish and European authorities, as well as before the rest of public and private institutions. The association’s main purposes are the creation, development and promotion of mechanisms for the evolution and strengthening of the sector, the cooperation between public and private institutions for the development of this sector, and the collaboration and solidarity among its members to obtain benefits for the electronic Spanish sector. ASIMELEC is interested in self–regulation as well, reflected in its “Ethical Code of Internet Services Providers”, issued by its Internet Committee and registered on the Spanish Telecommunications statutory authority (Comisión del Mercado de las Telecomunicaciones)
HOW
TO JOIN CONFIANZA ONLINE Those companies that wish to join Confianza Online, promoting Internet self-regulation, should fill in and send the attached form by clicking on the “enviar” (send )button below. You can also print this form (PDF) and send it through postal mail to the Secretaría de Confianza Online’s Secretariat, C/ Conde de Peñalver, 52, 1º D, 28006, Madrid). Below you can view the annual fees for the current business year: 1) Joining CONFIANZA ONLINE is free for companies and associations that are members of AUTOCONTROL or AECEM. 2) General Fee (annual fee plus one the Trustmark in a web site)
If you would like to obtain more information, or schedule a personal meeting, you can contact us by phone (+34-00-91.309.13.47) or via e-mail at info@confianzaonline.org We will be delighted to meet you and attend to all of your concerns.
HOW
TO JOIN CONFIANZA ONLINE You can consult the adhered companies clicking here:
CONFIANZA
ONLINE's TRUSTMARK CONFIANZA ONLINE’s Trustmark is the logo of this Self-Regulatory system. It will appear on the web pages of the adhered companies as a signal of their joining and their commitment of responsibility. The exhibition of the Trustmark, designed by the courtesy of Grey Iberia, is useful for all the companies adhered to the “Ethical Code on E-Commerce and Interactive Advertising”. It is also useful for Internet and new media users. As a result of using the Trustmark, those companies who have voluntarily committed to comply with CONFIANZA ONLINE’s Code can be easily recognised by consumers. This way, consumers will be award that these companies hold a high level of commmitment and responsibility, and therefore deserve more reliability than the firms which have not assumed a clear ethical commitment in front at the consumer. Consumers can visit the web page of CONFIANZA ONLINE by clicking on the Trustmark. On this page, they can find all the information of this Self-Regulatory System, most importantly the standards of the “Ethics Code on E-Commerce and Interactive Advertising”, a list with the adhered companies and their web addresses, and the complaint procedure. It is also possible to place an online complaint through the web. For adhered companies it is also possible to include the CONFIANZA ONLINE’s Trustmark on other communication resources, such as posters or commercial paper.
CONFIANZA
ONLINE's TRUSTMARK By including the CONFIANZA ONLINE’s Trustmark on their web pages, adhered companies are also able to make it visible their commitment to the ethical standards which the Code entails. This shows that companies have voluntarily assumed a commitment to respect the Code’s standards and to comply with the resolutions of the Jurado de la Publicidad and / or Junta Arbitral Nacional de Consumo (depending on the cases) in the event of a complaint being submitted. The CONFIANZA ONLINE’s Trustmark is the most practical solution to obtain the necessary trust of consumers in the new media. We must not forget that Self-Regulation is a voluntary commitment made by those companies that wish to join: companies in the marketplace are free to decide whether or not they want to accept the Ethical Code, the procedure of complaints and the body’s resolutions. In other words, not all firms accept to join a Self-Regulatory System such as CONFIANZA ONLINE. Adhered companies decide to work on the new electronic media accepting a commitment with Self-Regulation that verifies their respect for consumers and competitors’ rights. However, there are also firms in the marketplace that do not accept this commitment. In all respects, the CONFIANZA ONLINE’s Trustmark is very useful for the new electronic media consumer. It allows the identification of the adhered companies, which deserve a higher level of trust than others that do not wish to commit to this Self-Regulatory System. Adhered companies are committed to accept the resolutions of the Jurado de la Publicidad or Junta Arbitral Nacional de Consumo’s and to comply with them immediately. However, companies that join CONFIANZA ONLINE should permanently reveal their commitment to the Ethical Code and Self-Regulatory system on their web pages and other new electronic media. These pages and sources of media should offer consumers simple and direct access to the Ethical Code’s standards through the Trustmark, that should be inserted in a visible page of their sites. Finally, it is important to highlight that joining this Self-Regulatory System does not imply a previous verification of the contractual offers or commercial communications by the Secretariat of CONFIANZA ONLINE.
THE
ETHICAL CODE The new “Ethical Code on E-commerce and Interactive Advertising” covers information concerning commercial communications on new media and electronic commerce with consumers, in addition to data protection of aspects on both activities. The commercial communication chapter was redrafted by IAB Spain. In particular it draws on the preceding “Code of Advertising on Internet” of AUTOCONTROL. These standards were integrated into the new Code whose scope has now expanded. The application of the Code was entrusted with AUTOCONTROL’s Jury. The Title devoted to electronic commerce has been mainly elaborated by the AECEM . It has been made on the basis of a clear and permanent spirit to avoid excessive and casuistic rules (which should be ineffective in such a dynamic and changing area). This Title also pertains to the fast changes in technology, regulation advice and the establishing of general principles. The purpose of the on–line contracts standards is to guarantee a high protection level of consumer rights and interests, so that these general principles can apply to e-traders on their electronic transactions with consumers in the new media. As the Code reflects, data protection is a very important subject as well. This issue deserves to be especially protected while on interactive advertising and electronic commerce. The draft text of the Code were submitted to the Agencia de Protección de Datos (Spanish Data Protection Agency), the Dirección General de la Sociedad de la Información del Ministerio de Ciencia y Tecnología (Information Society Directorate General, Science and Technology Ministry) and the Instituto Nacional de Consumo (National Institute on Consumer Affairs) for their comments before the formal approval of the Code. The Ethical Code has been recorded in the General Register of the Spanish Data Protection Agency, with the number CT/0004/2002.
COMPLAINT
PROCEDURE. How to submit a complaint The businesses that have adhered to this self-regulatory system can submit a complaint before the Secretariat of CONFIANZA ONLINE. Apart from the companies that belong to the self-regulation system, any other corporation can also submit a complaint: consumer or professional associations, public authorities and individual consumers, or any third-party with a genuine interest who pledges a breach of the Code’s standards. A complaint can be submitted when there is evidence enough regarding an infrigement of the rules of the Code. The complaint should be sent to the Secretariat of CONFIANZA ONLINE.
COMPLAINT
PROCEDURE. How to submit a complaint Submitting complaints is free for consumers’ associations, individual consumers and public authorities. The procedure is also free for company adhered to CONFIANZA ONLINE.
COMPLAINT
PROCEDURE. How to submit a complaint It is possible to place a complaint against an interactive advertising message or campaign, contractual aspects of a B2C commercial transaction delivered, through Internet or other distance electronic media, that might be considered as an alledged infringement of the standards of the “Ethical Code on E-commerce and Interactive Advertising”.
COMPLAINT
PROCEDURE. How to submit a complaint When a complaint is received by the Secretariat, this body needs some clear information to start the procedure, such as the complainant’s identity, the matter and the complained company. It is very important that the complainant provides the Secretariat with the following detailed information: a) Complainant data: If the complainant were an individual consumer, he/she should provide with a copy of his/her National Identity Card or equivalent official document, and his/her contact details (address, telephone and e-mail). If the complainant were to be a company, it should provide its legal name, address and the personal information of the lawful attorney. b) Complained company information: These data must be as detailed as possible, especially regarding the trade or legal name of the company against which the complaint is being made. c) The complainant should provide with as much detailed information as possible about the activity against which is complaining. The information about the infringed Ethical Code’s rules should be precise and clear. This is especially important for the Secretariat to be able to conduct the procedure correctly. d) Documentation and evidence: Attached to the complaint in writing, the complainant should provide all documents and evidence that could support the complaint. Complaints can be sent: 1) By postal mail, to the CONFIANZA ONLINE Secretariat, (Calle Conde de Peñalver, 52, 1º D, 28006, Madrid, Spain) or by fax (+34-00-91.402.98.24), filling in this form. 2) Filling in and emailing this online form.
COMPLAINT
PROCEDURE. Advertising complaints. The Jurado’s Rules of Practice were adopted by the AUTOCONTROL’S Board of Directors on July 23, 1997. This is the latest version and it includes the modifications adopted on June 26, 2002:
COMPLAINT
PROCEDURE. Advertising complaints. You can consult the Jury’s makeup clicking here:
COMPLAINT
PROCEDURE. Advertising complaints. When a complaint on advertising issues is received, the CONFIANZA ONLINE Secretariat will immediately transfer it to AUTOCONTROL, who in turn will give notice to the complained company. In this manner, the complained company will be able to provide detailed allegations in defence of its advertising. In dealing with advertising complaints, AUTOCONTROL will proceed according to its Jurado’s Rules of practice.
COMPLAINT
PROCEDURE. Advertising complaints. The Jurado will adjudicated on those complaints submitted against an advertising message or campaign the new electronic media that allegedly breaches the standards of this Ethical code. It is important to keep in mind that the complaints’ procedure is subject to the fact that the complainant will have provided the Secretariat with enough information to start the procedure.
COMPLAINT
PROCEDURE. Advertising complaints. If the complained company accepts the complaint and expresses in writing its intention to withdraw or modify its complained advertising, the complaint will be shelved (the parties will be informed of this matter). In this case, it is not necessary that the Jurado adjudicate on the complaint.
COMPLAINT
PROCEDURE. Advertising complaints. If the complained advertiser considers that its advertising does not infringe the rules of the Code, it will present its defence in writing within a five-day time-limit after it has received the notification of the complaint. When this period is finished, the complaint is immediately transferred to the Jurado. All the information sent by the parties is transferred to a Jurado Sections. This Section will examine the complaint and issue a motivated resolution. The resolution will be sent in writing to the parties.
COMPLAINT
PROCEDURE. Advertising complaints. Sometimes, it is possible to reach an agreement between the parties
before the end of the five days time-limit. In this case, the AUTOCONTROL’s
Secretariat would try to solve the complaint through mediation.
If the attempt is not successful, the complaint will be directly
transferred to the competent Jurado Section, which will be adjudicated
in accordance with the procedure established in the Rules of Practice.
COMPLAINT
PROCEDURE. Advertising complaints. Once the Jurado Section resolution has been notified to the parties,
if one or both of them disagree with it, they could bring an appeal
against the resolution before the Jurado Plenary Meeting within
a four business day time-limit. This time-limit starts when the
interested party has been notified the resolution. When the time limit is over, the appeal will be is transferred to the Jury’s Plenary Meeting. The Plenary Meeting is composed of the President of the Jury and two Sections different than the Section who issued the resolution in first instance. The Plenary Meeting will analyse the appeal and issue the definitive motivated resolution. This resolution is the final step for the procedure. The final resolution is communicated in writing to the parties.
COMPLAINT
PROCEDURE. E-commerce complaints.
It is possible to place a complaint when one considers that the standards of the Ethical Code have been breached by a company through the Internet or other distance electronic media. In these cases, the Secretariat will send the complaint to AECEM, who will then attempt to establish a mediation procedure between the complained company and the complainant consumer in seven working days. The aim of this mediation is that the parties will come to an amicable agreement. If the complaint is not solved through AECEM’s mediation in seven working days, the CONFIANZA ONLINE’s Secretariat will send the complaint to the Junta Arbitral Nacional de Consumo provided that the complained company is adhered to CONFIANZA ONLINE, or (if it is not adhered) it has accepted that the complaint will be solved by the Junta. The complaint will then be settled through the procedures stated established in the applicable legislation.
COMPLAINT
PROCEDURE. Publication. Once the Jurado de la Publicidad or the Junta Nacional Arbitral de Consumo’s resolution has been reported to the interested parties for their compliance, it will be placed on the CONFIANZA ONLINE’s web page and in AUTOCONTROL’s and AECEM’s sites and other resources as well. In particularly serious cases, AUTOCONTROL and AECEM’s respective Boards of Directors can decide how to publish it actively. In any case, publication will always protect the anonymity of the complaint’s personal data when he / she is an individual consumer, in such a way that the name and other complainant’s personal data will not appear in the published text of the resolution.
COMPLAINT
PROCEDURE. Enforcement. Compliance with the resolutions of the Jurado or the Junta Arbitral National is compulsory to adhered companies. Nevertheless, it must be reminded that the Junta Arbitral Nacional de Consumo’s resolutions have the same binding that arbitration agreement. Non-adhered companies -when have not accepted the procedure- are not bound to comply with the Jurado’s resolutions. When an adhered company does not comply with the Jurado or the Junta Arbitral Nacional de Consumo’s resolution, the adhered company could be deprived of Trustmark’s use. This matter will be made public by participant associations through the means they might. Likewise, in the event that an adhered company being also member of any participant association’s seriously breach a Jurado’s resolution or regularly breach the Confianza Online’s Ethical Code, participant associations can expel that company from their respective organisations. This expulsion means the immediate withdrawal of the CONFIANZA ONLINE’s Trustmark.
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