Latest Fundraising Changes | July 2017
In a continuation of a key theme of recent months, there have been further developments in fundraising regulation including the launch of the Fundraising Preference Service and updates to the fundraising guidance.
We highlight the key points below.
Launch of the Fundraising Preference Service
The Fundraising Preference Service (FPS), which allows members of the public to opt out of communications from charities, was launched on 6 July.
The FPS allows members of the public to register via the website or helpline and identify which charity or charities they wish to 'suppress' direct marketing communication from. The FPS will then send an email to the charity or charities requiring them to remove the person's details from their direct marketing list within 28 days. Three charities may be chosen in any one request and the person can submit an unlimited amount of requests.
There were 1,312 requests for suppressions by 614 individuals within the first 12 hours of the service. The chief executive of the Fundraising Regulator, Stephen Dunmore, commented that this demonstrates a clear desire from the public to "have greater control over which charities contact them and how they do it."
Updates to the Code of Fundraising Practice
Preparations were made ahead of the launch of the FPS with the Fundraising Regulator adding new requirements to the Code of Fundraising Practice. These changes came into force on 29 June.
The updates provide that charities must not process an individual's personal data for the purposes of direct marketing where the individual has submitted a notice to the FPS to this effect. Where an individual has made such a request then charities will have a maximum of 28 days in which to cease processing the individual's data or, where processing has not yet been started, they must ensure that they do not begin to process the data.
The Institute of Fundraising Guidance on the General Data Protection Regulation
The Institute of Fundraising has produced helpful guidance in relation to the new General Data Protection Regulation (GDPR) which will come into effect on 25 May 2018.
The guidance is specifically aimed at helping trustees of fundraising organisations, as well as fundraisers themselves and CEOs/directors who are responsible for fundraising activities. There is a focus on direct marketing and, in particular, the rules surrounding 'opt-in' consent, providing a number of checklists and flow charts designed to assist charities in deciding whether to use 'opt-in' or 'opt-out' mechanisms. Clarification is also provided in relation to legitimate interests and consent. Please see our article on the GDPR here for more information.