An update on everything fundraising, or… what’s happening that I don’t know about now?! Daniel Fluskey, Head of Policy and Research danielf@institute-of-fundraising.org.uk @danielfluskey Excellent fundraising for a better world

It’s been a busy 18 months…. Excellent fundraising for a better world

What does this all mean? Have things changed? What do you need to know?! How has the regulatory system changed for fundraising? Have there been any legal changes affecting charities/fundraising? Updates to the Code of Fundraising practice What’s changed on data protection, consent, opt in v opt out? The role of trustees and governance What’s the latest on the Fundraising Preference Service? 7) What to look out for next and what can you be doing Excellent fundraising for a better world

1. The new Fundraising Regulator is here Taken over from FRSB – the Fundraising Regulator now taking complaints from the and will be adjudicating any cases of bad practice Also responsible for setting the Code of Fundraising Practice Consulted on registration and levy. Banded levy to be introduced, starting at £100,000 fundraising expenditure. Expect letters soon! http://www.fundraisingregulator.org.uk/ Excellent fundraising for a better world

1. The new Fundraising Regulator is here Excellent fundraising for a better world

What you can be doing Look out for your letter Discuss with Fundraising Director/CEO/Board Register for their news updates Excellent fundraising for a better world

2) Have there been any legal changes affecting charities/fundraising? Yes: Charities Act 2016 1) Requirements introduced for charities to report on no. of complaints about fundraising to Charity Commission in Annual Reports and steps taken to prevent approaches which are: unreasonably persistent, cause undue pressure, result in undue intrusions on privacy. 2) Requirement for provisions in contracts with fundraising agencies on how the professional fund-raiser or commercial participator is to protect vulnerable people, and ensure behaviour does not result in the approaches set out above (unreasonably persistent, undue pressure, undue intrusions on privacy). Excellent fundraising for a better world

What you can be doing Excellent fundraising for a better world The Code will be updated to reflect the legal changes Will be guidance (through Fundraising Regulator and IoF) to help you understand what you will need to do and when Make sure that whoever is responsible for Annual Reports knows about the change, and those that manage relevant third parties Start to have the information ready in advance Excellent fundraising for a better world

3) Code of Fundraising Practice Set by the Fundraising Regulator https://www.fundraisingregulator.org.uk/code-of-fundraising- practice/code-of-fundraising-practice/ Fundraising should be: Legal Open Honest Respectful MUST* = a legal requirement MUST = a professional standard Excellent fundraising for a better world

3) Code of Fundraising Practice Organisations _______  exaggerate facts relating to the potential beneficiary Organisations ______ ensure that materials do not imply money is for a restricted purpose (such as buying a goat, or helping a particular child) when it may be used for different purposes or for general funds. Excellent fundraising for a better world

3) Code of Fundraising Practice Organisations MUST NOT exaggerate facts relating to the potential beneficiary Organisations MUST* ensure that materials do not imply money is for a restricted purpose (such as buying a goat, or helping a particular child) when it may be used for different purposes or for general funds. CHECK you know the Code! Excellent fundraising for a better world

Latest updates: Excellent fundraising for a better world Every address fundraising communication will now be requirement to carry a clear message explaining how donors can easily stop receiving future communications Minimum font sizes will be introduced for opt-in and opt-out statements on all printed communication (including newspaper adverts) Charities will be banned from selling their data for commercial gain Charities will only be able to share data with other charities if an individual provides express permission and opts-in to doing so Requirements introduced to prevent approaches which are unreasonably persistent, cause undue pressure and result in undue intrusions on privacy (to mirror incoming legislative requirements) Read the full report at http://www.institute-of-fundraising.org.uk/about-us/news/fundraising-code-to-be- strengthened-to-protect-vulnerable-people/ Excellent fundraising for a better world

What you can be doing Excellent fundraising for a better world Check you know the Code Do your colleagues/teams know about it? Induction packs/training? Embedded in your work? Reflected in organisational policies? Register for updates with FR – be involved in consultation and reviews, look at transitional arrangements, don’t get left behind! Excellent fundraising for a better world

4) What’s changed on data protection, consent, opt in v opt out? Legally: nothing. Email and SMS – need specific prior consent for marketing messages (cannot be opt out boxes) PECR Post/telephone – DPA - Consent: freely given, specific, informed, and positive expression of choice Consent needs to be specific, informed “It does not necessarily have to be a proactive declaration of consent – for example, consent might sometimes be given by submitting [a form] if there was a clear and prominent statement that this would be taken as agreement and there was the option to opt out.” Excellent fundraising for a better world

1. Different laws apply 1998 Data Protection Act: sets out general principles on fairness Privacy and Electronics Communication Regulation 2003: emails, texts 2. Distracted by the wrong question Fixation on ‘opt in v opt out’, whereas the key issue is consent and fairness 3. Confusion between two processes - Legal review (ICO and GDPR) - Self-regulatory standards for fundraising

Three steps…. Tell people why you are collecting the data and what you will do with it Give them clear opportunities at the right time to chose if they want future direct marketing contact (remember you do need prior consent for email and SMS) Respect that choice and follow what they say. DPA - Consent: freely given, specific, informed, and positive expression of choice

https://www.youtube.com/watch?v=WqlRVx_vae0&feature=youtu.be https://ico.org.uk/media/for-organisations/guide-to-data-protection/privacy-notices-transparency-and-control-1-0.pdf

Once you’ve got the law sorted……not the end of the story 1) New legislation coming in (EU GDPR 2018) 2) What standards should be set for fundraising that goes above and beyond the law? For example: How often to approach? How long consent lasts? When to contact people?

What can you be doing Check the guidance and resources from ICO Look our for new guidance from FR later this year on consent/data protection and fundraising Be aware of the legal changes that will be brought in with the EU GDPR (May 2018) Review your privacy statements and consent from individuals Check your databases and records Take opportunities to refresh consent, check preferences

5) Trustees and governance All starts at the top! Charity Commission have updated their guidance for trustees - CC20 https://www.gov.uk/government/publications/charities-and-fundraising-cc20 New guide on trustees and fundraising produced by IoF, NCVO, ACEVO, CFG www.institute-of-fundraising.org.uk/trustees Excellent fundraising for a better world

What can you be doing Review the resources and guidance Be prepared for any questions or requests for information Raise issues with the Board – help them to be looking at the right questions Review any policies you have in place, agree new ones where you need to Work out the lines of communication/responsibility/reporting

6) Fundraising Preference Service A recommendation endorsed by Government, and Fundraising Regulator Latest discussion paper https://www.fundraisingregulator.org.uk/wp- content/uploads/2016/06/20160824-FPS-Board-response-paper.pdf Excellent fundraising for a better world

6) Fundraising Preference Service 28 days ‘last chance’ to check an individual didn’t want to lose contact with you Registration lasts two years Questions still to answer: How will charities access and download the data? What counts as a ‘fundraising communication’? How will it be promoted? IoF submitted formal response, concerns over the application of a universal reset of communications and consequences for both charities and donors http://www.institute-of-fundraising.org.uk/library/proposals-for-a-fundraising- preference-service-iof-response/ Excellent fundraising for a better world

7) What to look out for? Excellent fundraising for a better world Fundraising rules/regulation always evolving and changing – but now more than ever! A review of the Code of Fundraising Practice (expected to start early 2017) Further guidance to help you in your work (third parties, trustees, vulnerable people) Latest developments/proposals on the Fundraising Preference Service Guidance on introduction of the Charities Act – (expected November) New guidance on data protection (Fundraising Regulator – before end of year) Excellent fundraising for a better world

7) What can you be doing? Excellent fundraising for a better world Make sure you know the Code of Fundraising Practice. Are you confident that your fundraising is compliant? Who’s responsible in your organisation? Start a conversation with your board of trustees – make sure they know their responsibilities! Check have you got all the right policies in place and up to date Look over your data protection policies – check your privacy statements, keep data securely, and make sure you’re giving people the right choices Sign up to the Fundraising Regulator’s newsletter Pay the levy/register with the Fundraising Regulator Be engaged and feed in to reviews and consultations – make sure that your voice is heard! Excellent fundraising for a better world

THE BIG QUESTION…… Should charities be held to a higher standard than the law requires of other organisations/sectors? Excellent fundraising for a better world

THE BIG QUESTION…… Should charities be held to a higher standard than the law requires of other organisations/sectors? Yes, where it results in high standards for fundraising that ensures long-term sustainable fundraising practice for charities, leading to more donations and support in the future, responds to public concerns, and raises levels of trust and confidence. But, not on every issue, and not every time. Sometimes the legal requirements set the right level. Should be determined, assessed, and evidenced on the merits of each decision. Excellent fundraising for a better world

Keep up to date Check our news section http://www.institute-of-fundraising.org.uk/about-us/news/ Any Questions? policy@institute-of-fundraising.org.uk Excellent fundraising for a better world