BEREC asked the NRAs/competent authorities if end-users must give their explicit consent (by taking specific action) to purchase/subscribe to certain services. NRAs responded that in fourteen (14) countries[194] consent is requested for once-off PRS. In nineteen (19) countries[195] consent is requested for subscription PRS. In eleven (11) countries[196] consent is requested for once-off DCB. In twelve (12) countries[197] consent is requested for subscription DCB.

Figure 23 - User consent in PRS



In all cases where consent is requested, the NRAs/competent authorities clarified how (by which means) consent is provided by the end-user. In fourteen (14) countries[198] consent is given via SMS. In four (4) countries (AT, BG, EE, ES), an online PIN can be used for providing consent. In ten (10) countries other means of consent can be used.[199]

Figure 24 - Type of consent



BEREC also asked whether end-users can be charged for premium rate subscription services if they have not given explicit consent for the subscription to the services. In two (2) countries (CZ, MK - by opt-in), charging for premium rate subscription services is possible without user’s explicit consent. In two (2) countries (BE, CZ), DCB subscription services can be charged for without user’s explicit consent.[200]

BEREC also asked whether there is an obligation to have an authentication procedure in place that guarantees that the consent is given by the user in order to avoid unintended charges (via unauthorised party or malware). For premium rate calls, 1 country (MK) has such a mechanism in place. For two (2) countries (EE, MK), there is such a requirement for premium rate SMS (once-off) services. For seven (7) countries[201] such a requirement is available for premium rate SMS (subscription) services. Two countries (DE, EE) have this in place for DCB (once-off) services. The situation is the same for DCB (subscription) services in three (3) countries (DE, EE, IE).

Figure 25 - Avoid unintended charges via malware



If the answer to whether there is an obligation to have an authentication procedure in place that safeguards that the consent is given by the user in order to avoid unintended charges was affirmative, the NRA/competent authority was asked to specify how the authenticity of the user's consent is verified. In six (6) countries (EE, ES, HU, IE, MK, PT), this is done via SMS. In two (2) countries (EE, ES), an online PIN is used. A fingerprint or an authentication app is not used for authentication in any of the countries. One country (DE) uses another method.

Out of the twenty-eight (28) NRAs/competent authorities, some reported that specific ways consent can be given. ΒΝΕΤΖΑ (DE) requires consent via redirection to the mobile operator. RTR (AT) confirmed that users of third-party services can use a button to order a service against payment. Consumers give their consent by clicking on an ‘order with costs’ button on the internet. BIPT (BE) requires an oral consent in premium rate calls. ANCOM (RO) allows online consent to the premium services. ANACOM (PT) also allows consent via a button in the online page. CNMC (ES) allows direct call from the user for subscribing to a service. CPTCA requires a double confirmation in a website. UKE (PL) reports that consent is dependent on the type of service and the operator.

BEREC also asked whether there is an obligation to provide end-users with a confirmation after unsubscribing from premium rate services. For premium rate subscription services, cancellation confirmation is supported in ten (10) countries.[202] Regarding DCB, confirmation when unsubscribing is available in three (3) countries (IE, NL, PT).

Figure 26 - Confirmation of unsubscribing available



BE informs BEREC that in the event of the termination of the subscription to a PRS by SMS/MMS, a confirmation of the unsubscription will be sent immediately to the end-user or to the subscriber. This message is free. NL requires an SMS as confirmation of the unsubscription. EL, EE, IE, SK and SI oblige the third parties to send a free SMS as confirmation after the end-user has unsubscribed.

BEREC asked whether there is an obligation to provide a cancellation period for end-users to withdraw from (a) PR subscription services, and (b) DCB subscription services.

Figure 27 - Cancellation period to withdraw from subscription services



Of the twenty four (24) responses to whether there is an obligation to provide a cancellation period for end-users to withdraw from PR subscription services, 88%[203] specified that there is no such obligation[204] and 12% of NRAs/competent authorities[205] indicated that there is an obligation to provide a cancellation period. Of the twenty two (22) responses to the same question but regarding DCB subscription services, 77%[206] specified that there is no obligation to provide a cancellation period for end-users and 18%[207] of respondents indicated that there is an obligation. One respondent (MK), accounting for 5% of all responses to this question, confirmed that DCB is not currently an offered service on its internal market and, therefore, the question was not applicable in this instance.

When asked about the length of any applicable cancellation periods, one (1) NRA (IT) indicated that within six hours of receiving the activation message, the end-user can call a dedicated call centre or send a text message to cancel the subscription. Two (2) NRAS (RO, SI) specified that the cancellation period consists in fourteen (14) days from the conclusion of the contract with one (1) NRA (PL) also confirming that, in accordance with Article 27 of the Act on Consumers Rights, a consumer who has concluded a distance or off-premises contract may terminate that contract within a period of 14 days without giving any reasons and without incurring any costs. However, the same NRA also specified that a consumer shall have no right of withdrawal from an off-premises or distance contract in the case of contracts for the supply of digital content which is not supplied on a tangible medium, if the provision has begun with the consumer's express consent before the end of the withdrawal period, and after they have been informed by the service provider about the loss of the right of withdrawal from the contract.

NRAs/competent authorities were asked if there was an obligation to provide end-users with a specific way to deactivate PR subscription services and DCB subscription services once the end-user had subscribed to a service. Of those NRAs who responded, 57%[208] confirmed that for PR subscription services there was an obligation in this sense while 43%[209] of NRAs specified that there was no obligation. Regarding DCB subscription services, 22%[210] of NRAs indicated that there was an obligation to provide end-users with a specific way to deactivate, while 72%[211] of respondents advised that there was no obligation and 6%[212] specified that DCB is not currently a service offered on the internal market.

Figure 28 – Obligations to provide end-users with specific way to deactivate subscription services



In terms of how end-user cancellation requests are made, 73%[213] of respondents indicated that they can be made by SMS, with some respondents also confirming that the requests can be made by written request (or another durable medium), by e-mail, by calling a dedicated call centre, online or via other methods not specified. One NRA (PT) specified that in relation to PRS, the law stipulates that the request might be made by written request or through another durable medium. Further, it confirmed that concerning DCB, the code of practice about WAP billing sets out that the third party service providers shall provide a freephone number, or a number charged at a local rate, for the cancellation of the subscription of end-users - alternatively, end-users can unsubscribe in the personal area of the website of the third party service providers via a cancellation button.

NRAs/competent authorities were asked whether there is an obligation to give the subscriber the option to pay telecom services excluding PRS and DCB charges to maintain telecom services in the event of disputing some PRS/DCB charges.

Figure 29 - Guaranteed minimum service - Obligation to give subscriber the option to pay telecom services excluding PRS and DCB charges



52%[214] of respondents indicated that there was such an obligation, while 48%[215] of NRAs/competent authorities confirmed that there was no such obligation. One NRA (MT) noted that an originating operator shall be responsible for complaint handling[216], and for providing refunds or waiving PRS entries from bills, where appropriate and justified, and may not suspend the service of a subscriber who refuses to pay the premium rate element of a call while a complaint of a ‘technical’ nature is being considered.

NRAs were asked who would be obligated to refund the end-user if services were activated by mistake, fraud, etc. The next figure shows their answers in percentages.

Figure 30 - Responsible party – Obligation to refund [217]



● Almost half of NRAs report (46,4%) that in case there is a refund obligation it applies to both (mobile) operators and third-party service providers[218]. One NRA[219] noted that complaints are treated on a case by case basis such that a refund obligation would be imposed on the party determined to be at fault. More than a third of NRAs (17,9% + 21,4%) reported no refund obligation or didn't answer this question.

● BEREC also asked NRAs which of the predefined conditions are in place to determine whether a refund is applicable. NRAs were asked to state if in their member state there was proof of consent required in order to determine if a refund was applicable. Next figure shows their answers in percentages.

Figure 31 - Conditions to determine if a refund[220]is applicable

BEREC asked NRAs where customers can file a complaint about third party billing. Next figure shows their answers in percentages[221].

Figure 32 - Where to file complaints[222]


BEREC also asked if complaints can be filed at the NRA and if they can lead to supervisory actions. Next figure shows their answers in percentages[223].

Figure 33 - Supervisory actions NRA[224]

This BEREC report aims to give an overview of the status of third-party payment charges in Member States. This was done by collecting information by means of a questionnaire issued in 2020 September. The report clearly demonstrates that prior to the transposition of the EECC there is some level of competency for PRS third party payments among Member States. The majority cited price regulation with billing transparency being most mentioned whilst other consumer protection measures which are not as prevalent range from spend reminders to transparency of information.

One of the main actions a customer may take is to block PRS, an action that is primarily on request by them for specific number ranges for calls and to a lesser extent SMS. Fewer countries indicated that they have rules for both PRS and DCB services.

In respect to intervention, the majority of NRAs/competent authorities have powers when dealing with telecommunication service providers in respect to regulation, inspection, sanctioning with fewer having dispute resolution responsibilities. However, it does not extend to PRS providers for over half of the countries and in respect to content service providers the responsibility is further lessened.

The report should provide a useful benchmark and insight into how member states currently handle third-party payment charges on mobile phone bills and what protections are available to consumers. The same exercise will be considered as part of the BEREC Work Program in 2023.

Annex 3 offers a summary of recommendations in previously published documents. The most recent report[225] in 2018 focused on a holistic approach for providers and stakeholders in addition to raising awareness for end users in respect to dangers of fraud and misuse. The theme of transparency and the importance of awareness was one of the policy recommendations set out in the EC consumer market study[226] in 2017 in respect to obtaining all pre-contractual information and the identity of the payment service provider in addition to how to ensure the communication of mandatory information is transparent.

For the purpose of this Report, BEREC uses the following definitions:

Alert service: a message or notification that warns of abnormal traffic, cost or expenditure.

Authentication: a procedure which allows the service provider to verify the use or user of a specific service.

Cancellation: means the period of time that end-users have to withdraw from a DCB or PRS subscription.

Call barring: the option that allows end-users to prevent calls from being made.

Company providing content or services online: any company that searches, selects and/or produces online content services that are supplied to the public.

Complaint: a statement of dissatisfaction with a specific trader made by an end-user to a complaint handling body, in relation to the promotion, sale or supply of a good or a service, use of a good or a service or after-sales service.

Consent: any freely given, specific, informed and unambiguous indication of the person's wishes, by a statement or by a clear affirmative action, that signifies agreement to the provision of certain services or third party billing.

Consumer: any natural person who, in contracts covered by this Report, is acting for purposes which are outside his trade, business, craft or profession.

Customer: any buyer of goods or services.

Deactivation: the facility for end-users to deactivate the ability of third party service providers to use the bill of a provider of an internet access service or a provider of a publicly available interpersonal communications service to charge for their products or services

Electronic communications service: a service normally provided for remuneration via electronic communications networks, which encompasses, with the exception of services providing, or exercising editorial control over, content transmitted using electronic communications networks and services the following types of services:

(a) ‘internet access service’ as defined in point (2) of the second paragraph of Article 2 of Regulation (EU) 2015/2120;

(b) interpersonal communications service; and

(c) services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting.[227]

Enquiry: a request for information or advice, other than a complaint, made by an end-user to a complaint handling body concerning the promotion, sale or supply of a good or a service, use of a good or a service or after-sales service;

Fraud: wrongful or criminal deception intended to result in financial or personal gain.[228]

Mobile phone bill: a statement of the money owed for goods or services charged under a pre-paid or post-paid mobile electronic communications contract.

Opt-in: the requirement to register the willingness to receive (third party) services via an electronic communications service before they are enabled.

Opt-out: the option to stop receiving (third party) services provided to the customer of an electronic communications service.

Selective barring: any facility whereby the end-user can, on request to the designated providers of voice communications services, or number-based interpersonal communications, bar outgoing calls or premium SMS or MMS messages or other kinds of similar applications or services of defined types or to defined types of numbers or services.

SMS: Short Message Service text message, composed principally of alphabetical and/or numerical characters, capable of being sent between mobile and/or fixed numbers assigned in accordance with national numbering plans.[229]

Threshold: any spend limit amount established in the provision of services to the customer.

User: natural or legal person using or requesting a publicly available electronic communications service.[230]

‘End-user: a user not providing public electronic communications networks or publicly available electronic communications services[231].