EASDP CODE OF PROFESSIONAL PRACTICE
Introduction
This Code sets out standards which members of the European Association of Search and Database Publishing engage to respect, so as to ensure their users and customers of the reputable quality of their products, services and business practices, as required by the Internal Regulations of the European Association of Search and Database Publishing
DEFINITIONS
Search, database and directory publishing: it consists of creating content and/or collecting data, arranging systematically and maintaining content and/or data so that search along a logical path yields the information being sought. It gathers, for instance, directories, databases, guides, search engines, social networks, directory assistance, classified media in printed, electronic or any appropriate form, and services such as local search, group buying and deals, lead generation, reservation, location-based and marketing. (cf art 2 Internal Regulations EASDP)
Products and services: it gathers the products and services that EASDP members propose to their users or customers. It can be physical products such as printed books as well as intangible services such as online search.
Advertising : any form of non-personable marketing communications carried by the media, usually in return for payment or other valuable consideration (cf ICC Advertising and Marketing Communications Consolidated Code)
Marketing communications: it includes advertising as well as other techniques, such as promotions, sponsorships and direct marketing, and should be interpreted broadly to mean any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour (cf ICC Advertising and Marketing Communications Consolidated Code)
Personal data: it means any information relating to individuals.
Publishers/providers: it refers to EASDP members who are producing products and/or services falling under the scope of the definition of search and database publishing.
EASDP 8 CORE PRINCPLES
I. Clear identity and identification of the company and of the product/service offered
II. Completeness and lawfulness of the product/service
III. Canvassing customers and distributing products/services in a professional way
IV. Fair advertising, in full respect of legal and self-regulatory rules
V. Responsibility of the publishers/providers
VI. Ensuring data and privacy protection
VII. Respect of intellectual property rights
VIII. Compliance and training
I. Clear identity and identification of the company and of the product/service offered
Identity of the company: The identity of the EASDP member should be apparent. It should, where appropriate, include contact information and the legal postal address of the company and the name(s) of the responsible person(s) to enable the user to get in touch with the publisher or service provider without difficulty.
Identification of the product/service:
Every directory and/or database must show the relevant title and subtitles, the date of publication or frequency of update, the name and address of the publisher with relevant contact details and if necessary other identifiers such as the company’s registration or accreditation details
Every service proposed by an EASDP member must be clearly identifiable as such and a clear distinction should be made between free and paying services.
Titles or subtitles should be explicit enough to avoid any misunderstanding about the contents and/or completeness of the product or service referred to.
Identification of order forms:
Order forms must be used for paid insertions, advertisements and copies of directories; the total amount payable and other conditions must be clearly indicated on such forms. In particular, order forms must state the title and subtitle of the publication, the edition to which the order related and the full name and address of the publisher or provider. For online products, the order form should clearly indicate the period of publication of the advertisements, the number of exposures and any other relevant criteria.
If an order form is submitted in conjunction with other information such as questionnaires, promotional material, letter or other documents, it must be clearly distinguishable to the user.
II. Completeness and lawfulness of the product/service
Completeness and proof of publication and/or existence: Publishers and providers should be able to provide evidence of the existence of a directory/database product or of a related service, if requested by an advertiser or a customer. They should also ensure that the product or service in question contains information which is as complete as the title promises, accurate and up-to-date to the best knowledge of the publisher or provider.
Editorial entries: Free entries contained in the different sections of a directory/database product or service must be presented in a uniform manner and must maintain standards of relevance, accuracy and objectivity. The free information shall be up to date and include the relevant details as indicated by the title or subtitle of the product.
III. Canvassing customers and distributing products/services in a professional way
Canvassing of customers should be done in a lawful way: Users should clearly know with which company they are trading and therefore all trademark and copyright laws should be obeyed. In particular, one should not use a title, order form or advertising leaflet which through similarity with those used by other firms could confuse the consumer. The customer should receive a copy or acknowledgement of the order and payment must not be demanded for a directory entry or listing in a database that has not been ordered or agreed to.
Distribution and promotion: The promised distribution and/or accessibility indicated on promotional material or within the product or service must be upheld, it is the responsibility of the provider to ensure offline and online products or services remain fully accessible during the period indicated.
IV. Fair advertising, in full respect of legal and self-regulatory rules
Use of advertising material: Publishers and providers shall ensure that all advertising material clearly reflects the product or service being represented. Advertising shall not be misleading.
If numbers of circulation, users or visitors are used for advertising purposes, the base of these numbers should be neutral and comparable and, if possible, evaluated and validated by independent national or international organisations.
Respect of legal and self-regulation rules: Advertising and marketing communications used in directory/database products and/or in related services shall comply with the international, EU and national legal requirements as well as with the existing self-regulatory principles on advertising.
V. Responsibility of the publishers/providers
Publishers and providers are responsible for the content of their products and/or services and their compliance with existing legal standards and with the rules of this code and of other applicable self-regulatory codes.
Publishers, media owners or contractors, who publish, transmit, deliver or distribute marketing communications, should exercise due care in the acceptance of them and their presentation to the public
VI. Ensuring data and privacy protection
Members shall respect the local and/or European rules and regulations governing personal data and privacy protection.
Collection of data and notice: Individuals whose data is collected must be aware of the purpose of the collection and of any intention to transfer the data to a third party for that third party’s marketing purposes.
Use of data: Personal data should be collected for specified and legitimate purposes and not used in any manner incompatible with those purposes. It should be adequate, relevant and not excessive in relation to the purpose for which it is collected and/or further processed. It should also be accurate and kept up to date, and preserved for no longer than is required for the purpose for which the data were collected or further processed. The user shall be informed about the storage and use of his data for specific purposes such as location data. The user shall be able to request removal of his data and receive notification that this has been affected.
VII. Respect of intellectual property rights
EASDP members must respect the copyright or similar rights of third parties in respect of any materials, text, or graphics reproduced in any publication or any promotional material which they may produce. They also endeavour to respect applicable database protection, trademark and competition rules.
VIII. Compliance and training
Compliance: Members are presumed to know and uphold the Code of professional practice at all times. Any party may draw attention to the EASDP of instances of non-compliance with this Code.
Monitoring: EASDP will monitor compliance with the Code and will take action according to its Statutes and Internal Regulations in case of non-compliance with the Code, which may lead to the exclusion of a member.
Training: Companies shall provide adequate training for their staff, including raising awareness of the Code and of its major business implications. EASDP will provide adhoc help for training.