The Complaint is a formal document, plea or request, concerning any form of commercial communication which gives proof of breach of the Ethical code or indicates a possible breach that requires further investigation.
The registration of a claim and the adjudication procedure is free of charge.
Who can file a complaint
Every individual or legal entity or state organization can file a complaint.
NCSR independently can open a complaint procedure under its own initiative. In such a case, NCSR applies exactly the same procedure as for complaints from individuals or legal entities.
Complaint form
Complaints are accepted only in written or electronic form.
The complaints are sent via e-mail, fax, letter to the address of the NCSR Secretariat:
33, Hristo Belchev Str.
Floor 2, office 6 (BAА)
Sofia 1000
Bulgaria
e-mail: office@nss-bg.org
Each complaint should contain the following:
○ name of the applicant; personal identification number for individuals or trade registry identification/court registration details for legal entities;
○ address (seat and management address) of the applicant;
○ the content of the claim and the circumstances of the complaint. It should indicate detailed and substantial arguments;
○ proof in support of the claim;
○ signature of the applicant or its authorised agent;
Complaints that are not signed or are anonymous will not be proceeded.
Withdrawal of complaint
Any complaint can be withdrawn at any time of the Adjudication Procedure.
Adjudication procedure
Registration of complaint
When a complaint is posted, the Secretariat
of NCSR checks its form and content and immediately files the complaint and notifies the applicant.
In case the Complaint does not satisfy the requirements of the Regulations for application of the Ethical Code, the applicant is requested to cure the irregularities in a 7-day period.
In case of an obvious inapplicability of the Code to the complaint, the Secretariat may refuse to file the complaint and to return it to the applicant respectively.
A second complaint, posted for a case that has already been adjudicated, is not proceeded, except if it relates to the execution of the decision or in case it is based on new facts and circumstances. The adjudication in such a case refers only to the new facts and circumstances.
Should the Code is applicable to the Complaint, the Secretariat opens a Procedure.
Complaint handling
The complaints for breach of the Ethical code, for which a Procedure is started are subject of adjudication by the 11-member Ethical Committee, observing the principle of independence and lack of conflict of interest.
The complaints are handled not later than 10 days from the date of complaint registration. In case of a factual complexity, when the nature of case requires more time for collection of arguments from the defendant, the term may be prolonged once by the Ethics Committee, but with no more than 10 days.
Main objective of the Ethics Committee is to analyse the commercial communication claimed to be in breach and to adjudicate the compliance to the Ethical Code.
Decisions of the Ethical Committee
When the Ethics Committee establishes a breach of the Ethical Code, it takes a substantiated decision to eliminate the breach. In case no breach is found, the Complaint is not upheld.
Only in case new circumstances are available, both the claimant and the defendant have the right to appeal the adjudication of the Ethical Committee in front of the Appeal Committee.
The decision of the Appeal Committee is final and is no subject of further appeals.
One working day after the adjudication, the Secretariat notifies the applicant and the defendant and later sends a copy of the decision and posts it in the NCSR website unless the sides have requested otherwise. When appropriate, a copy of the decision is sent to relevant state authorities or national organizations. NCSR’s Board may decide to publish a bulletin, press release or other from of notification about the decision taken by the Ethical/Appeal Committee.
Enforcement of decisions
For NCSR members, the decisions of the Ethical/Appeal committees are binding. The terms for implementation is 5 working days from the date of receipt, unless the decision itself requires other term.
For non-members of NCSR, the decisions of the Ethical/Appeal committees are not binding. In these cases, NCSR requires the offender to voluntarily discontinue the breach within the required term.
If no voluntary action is taken by the offender, NCSR notifies all its members, the relevant regulating bodies and NGOs, attaching the adjudication along with every collected proof for the breach.
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