What is the EASA Cross-Border procedure?
Since its founding in 1992, the EASA has operated a system dealing with complaints about cross-border advertising. It is designed to provide a complainant with the same redress available to consumers in the country of origin of the media in which the advertisement appears.
There are two basic principles of the Cross-Border system. The first is 'country of origin', a concept enshrined in EU law to facilitate the growth of the Single Market. In the case of the Cross-Border Complaints system, an advertisement must comply with the rules of the country where the media is based (or in the case of direct mail advertising, the country where the advertiser is based). The second principle is 'mutual recognition', meaning that EASA Members agree to accept advertisements which comply with the self-regulatory rules in the country of origin of the media, even if those rules are not identical to their own.
Consumers, whether individual or collective, competitors or any other organisation may submit a complaint. All Alliance Members handle consumer complaints free of charge, although there may be a charge in some countries for handling competitive complaints.
How can you complain?
In many countries, you can complain about advertising simply by sending a letter or a fax directly to the local self-regulatory body. Details should include where and when you saw the advertisement and the precise nature of your complaint. You may also need to provide other relevant information, such as a copy of the advertisement or the mailing envelope and contents if your complaint is about a direct mailing. More and more SROs are now accepting complaints on-line or by e-mail.
What is a Cross-Border Complaint?
A Cross-Border Complaint is a complaint from a person in one country about an advertisement that has appeared in that country, but was carried in media based in another country: an Irish consumer who receives television broadcasts from the UK wishes to complain about the content of an advertisement.
Complaint Recorded by Self-Regulatory Organisation
Upon receiving a complaint, the self-regulatory organisation will decide whether or not the complaint is of a cross-border nature.
Transfer to the appropriate self-regulatory organisation in the Country of Origin of the Media
The self-regulatory organisation in the country of the complainant will transfer the complaint to the appropriate self-regulatory organisation for investigation, sending all the known details of the complaint.
If a complaint comes from the same country as the media carrying the advertisement, then it is not a cross-border complaint. However, it could still involve several self-regulatory organisations to resolve the issue, e.g. the advertiser is located in a country different to where the advertisement appeared and is difficult to locate. Thus, an Information Exchange enlists two or more SROs to work on a case.
Do you need the Help of another SRO to solve the Case?
If yes, this results in an exchange of information with other SROs , for example with regard to direct mail, in order to identify the main address of an advertiser from a postcode or postbox number.
If a complaint comes from the same country as the media carrying the advertisement, then it is not a cross-border complaint, but an Information Exchange. However, it could still involve several self-regulatory organisations to resolve the issue, e.g. the advertiser is located in a country different to where the advertisement appeared and is difficult to locate. Thus, an Information Exchange enlists two or more SROs to work on a case."
The self-regulatory organisation in the country of the complainant will transfer the details of the complaint to the appropriate self-regulatory organisation (in the country of origin) for investigation according to their self-regulatory rules.
The complaint will be addressed using normal domestic complaints handling procedures.
The self-regulatory organisation will consider if the complaint is justified.
Evidence of Deliberately Unethical, Dishonest, Or Criminal Activity
In cross-border cases that appear to demonstrate evidence of genuine sharp or illegal practice by an advertiser (as distinct from normal commercial advertising), the EASA Secretariat may, after discussion with Members involved, decide to issue a Euro Ad-Alert. As its name suggests, a Euro Ad-Alert notifies interested parties to the advertisers' activities. It is sent to Alliance Members, the advertising industry, consumer organisations as well as the European Institutions.
Transfer to Appropriate Statutory Regulator
If the ad shows evidence of deliberately unethical, dishonest or criminal activity and relates to matters controlled by legislation rather than self-regulatory codes, the SRO will pass the complaint to the competent government agency.
In cross-border cases that appear to demonstrate evidence of genuine sharp or illegal practice by an advertiser (as distinct from normal commercial advertising), the EASA Secretariat may, after discussion with Members involved, decide to issue a Euro Ad-Alert. As its name suggests, a Euro Ad-Alert notifies interested parties to the advertisers' activities. It is sent to Alliance Members, the advertising industry, consumer organisations as well as the European Institutions. see Euro Ad Alerts.
If the ad shows evidence of deliberately unethical, dishonest or criminal activity and relates to matters controlled by legislation rather than self-regulatory codes, the complaint will be passed by the self-regulatory organisation to the competent government agency.
Complaint upheld: After investigating the complaint, the self-regulatory organisation decides that the complaint is justified.
Complaint not upheld: After investigating the complaint, the self-regulatory organisation decides that the complaint is not justified.
Complaint resolved directly: After being informed of the complaint, the advertiser takes immediate action to remedy the issue, making it unnecessary for the self-regulatory organisation to decide whether or not to uphold the complaint.
Case transferred to appropriate regulator: The complaint proves to relate to matters controlled by legislation rather than self-regulatory codes and is passed by the self-regulatory organisation to the competent government agency.
The EASA Secretariat is included in all correspondence relating to the cases and keeps a watchful eye on their progression.
SRO in Complainants Country informs complainant
The SRO in the Complainants Country will inform the complainant of the outcome of the complaint.
The closed cases are detailed in the CBC Report published within the "Alliance Update" newsletter, as well as here on the website.