Fundraising in an age of GDPR Daniel Fluskey Head of Policy and External Affairs

Culture and best practice GDPR Rules and compliance Culture and best practice Governance and leadership Donors and supporters GDPR has prompted huge amount of discussion and debate, much of it beyond data protection legislation Grappling with lots of different questions at the same time Also dealing with agencies, databases, admin systems, staff, procedures – it’s complicated! Not just fundraising – but all personal data (campaigns, staff, trustees, volunteers, service users)

Trying to answer three questions at the same time How do charities make sure they’re properly following data protection law (GDPR and PECR)? Should charities be held to the same standards as businesses and other sectors, or should they be held to different/higher standards? How SHOULD charites be fundraising in a way that raises money, improves the experience for supporters & the public, and brings long- term sustainability? Excellent fundraising for a better world

Trying to answer three questions at the same time How do charities make sure they’re properly following data protection law (GDPR and PECR)? LEGAL COMPLIANCE Should charities be held to the same standards as businesses and other sectors, or should they be held to different/higher standards? FUNDRAISING REGULATION How SHOULD charites be fundraising in a way that raises money, improves the experience for supporters & the public, and brings long- term sustainability? EXCELLENT FUNDRAISING Excellent fundraising for a better world

Charity’s values/ethical approach/ Legal requirements Charity’s values/ethical approach/ excellence Code of Fundraising Practice Charities need to get all three of these right – it’s like a tripod. Take one away, and the thing falls over. Excellent fundraising for a better world

Excellent fundraising for a better world Cause of confusion – opt in and consent. We should be passed this now, but still some myths are out there Excellent fundraising for a better world

Lawful processing Excellent fundraising for a better world GDPR gives you different options – 6 lawful bases for contacting people. You need to know the ones that are relevant for you – and for fundraising it will be consent or legitimate interests Excellent fundraising for a better world

Opt in or opt out? (consent or legitimate interest?) 1. First off, check the rules and review the guidance. Consent is required for email and SMS. Consent or legitimate interest can be used for post or telephone (non-TPS). Do you know what each requires and how to do them fairly and lawfully? 2. Understand your options, scenario plan, budget and assess Should be a strategic and informed decision – not just fundraising Decide what’s right for your charity – a fully ‘opt in’ approach might not be best for all 3. Whichever way you go, make sure you do it right! And don’t just think about it as a ‘compliance’ question, what’s going to raise you money and give supporters a great experience? How to choose consent or legitimate interest? Strategic decision, not really a legal one. Excellent fundraising for a better world

What the rules can’t tell you… How often to contact a supporter? Whether to use consent or legitimate interest? (for non-electronic marketing!) How long to keep donor records for? How long does consent or your legitimate interest last? The exact wording to use in your privacy policy and in fundraising communications Excellent fundraising for a better world

Five things to think about – for organisations Accountability and governance. Not enough to ‘be compliant’. Need to be able to demonstrate that you are. How are you going to do that? Make the right decisions for your charity (consent or legitimate interest?) How will you be talking to supporters, providing information and giving them choices? (in a way that sounds human and engaging!) Getting a joined up approach across your organisation – not just a fundraising issue! However much guidance is out there – some things are up to YOU GDPR Excellent fundraising for a better world

Some resources to help Excellent fundraising for a better world