1. Some things to know about fundraising regulation…..
Daniel Fluskey, Head of Policy and Research
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2. The new Fundraising Regulator is here
Taken over from FRSB – the Fundraising Regulator now taking complaints from the public and will be adjudicating any cases of bad practice
A Standards Committee and an Adjudication Committee
Consulted on registration and levy. Banded levy to be introduced, starting at £100,000 fundraising expenditure. Expect letters soon!
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3. Code of Fundraising Practice has been transferred
The Fundraising Regulator now has responsibility for setting the Code of Fundraising Practice, reflecting the legal duties of fundraisers as well as self-regulatory standards
A Standards Committee chaired by Suzanne McCarthy, with IoF as an Observer
Not expecting a ‘wholesale review’, but changes to follow consultation and engagement
Expect a consultation, probably in early 2017, on issues around Code structure and appearance, as well as some specific areas.
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4. Review of fundraising self-regulation in Scotland (and NI?)
Scottish Fundraising Working Group consultation and recommendations
1. Scottish charities raising funds within Scotland will be part of a self-regulation system involving charities and OSCR
2. Scotland-based charities raising funds throughout the UK will be part of a self-regulation system involving charities and OSCR
3. Charities fundraising in Scotland, but who are not based in Scotland, will be regulated by the Fundraising Regulator
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5. Changes for the IoF
Now formally merged with PFRA – creating a single professional body to champion and represent the fundraising profession
Producing new guidance, resources, research, including: Working with Third Parties; Trustees, governance, and fundraising; fundraising with people in vulnerable circumstances
Consulting with members on a refreshed strategy for the IoF
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6. Data Protection, consent, and GDPR: Part one…..the law
Area of significant focus and attention
Information Commissioner’s Office reviewing areas of practice specifically on:
- compliance with need for fair processing of data
- profiling, researching, wealth-screening
- direct marketing and consent
organisations/documents/1555/direct-marketing-guidance.pdf
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7. Data Protection, consent, and GDPR: Part one…..the law
Will this all chance when the EU GDPR comes in?
No.
Likely that there’s more issues with compliance/clarification over existing law than there is with what’s coming in the future.
There will be some changes, but more likely to be adjustments to current practice rather than fundamental change
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8. Data Protection, consent, and GDPR: Part one…..the law
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9. Can we contact an individual by post or telephone?
Data Protection, consent, and GDPR:
Part one…..the law
Can we contact an individual by post or telephone?
Yes – if we have consent
Yes – if we have a legitimate interest (and the individual hasn’t objected)
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10. Can we contact an individual by email or SMS
Data Protection, consent, and GDPR:
Part one…..the law
Can we contact an individual by or SMS
Yes – if we have consent
Yes – if we have a legitimate interest (and the individual hasn’t objected)
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11. Data Protection, consent, and GDPR: Part one…..the law
Two key questions:
Are any practices deemed unlawful (wealth screening, researching etc)?
2. What practices are ok, if you’ve gone about it the right way (with any necessary consent, fair processing, etc)?
We are trying to get answers!
Fundraising Regulator has said they’ll work with ICO to produce guidance around consent.
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12. Data Protection, consent, and GDPR:
Part two…..standards for fundraising
NCVO Working Group ‘Good practice in securing donor consent’ – making recommendations for consideration on direct marketing activity including: overall approach charities take, how long ‘consent’ may be valid, direct marketing practice
Recommendations and ideas on good practice, not rules to follow – any standards should be set clearly in the Code of Fundraising Practice.
As Fundraising Regulator reviews the Code, NCVO recommendations may well feed into that as can any other organisation or fundraiser.
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13. THE BIG QUESTION……
Should charities be held to a higher standard than the law requires of other organisations/sectors?
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14. 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.
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15. Fundraising Preference Service
A recommendation endorsed by Government, and Fundraising Regulator
Latest discussion paper content/uploads/2016/06/ FPS-Board-response-paper.pdf
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16. Fundraising Preference Service
Also introduces:
Two year registration
‘Vulnerable people’ registered where Power of Attorney exists
Applies to organisations with fundraising expenditure over £100,000 and estimated costs of around £3-4kper organisation
‘Last chance to contact’ 28 days from an individual registering
Deadline for responses and feedback 30th September.
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17. The Charities Act Excellent fundraising for a better world
Requirements introduced for charities to report to Charity Commission in Annual Reports on steps taken to prevent approaches which are:
unreasonably persistent,
cause undue pressure,
result in undue intrusions on privacy.
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).
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18. Keep up to date Check our news section
Any Questions?
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