Community Foundations Trustee and Senior Executive Training SW - - PowerPoint PPT Presentation

South West Community Foundations

Trustee and Senior Executive Training

SW Community Foundations training and networking day

The changing regulatory environment

James Evans

Introduction

• 1. Some context
• 2. GDPR
• 3. Changes to Fundraising Regulation
• 4. Charity Commission powers
• 5. What’s coming down the line

Context

• Response to dented public trust in

charity sector

– Fundraising practices/misuse of donor data – Examples of poor governance and financial management – Misuse of charity funds

• CC concentrating on regulatory role
• Charities no longer immune from

sanctions for data protection breaches

GDPR- Key implications for CFs

• In force 25 May 2018- no grace

period, not affected by Brexit

• Tougher DP regime
• Affects all personal data held by CFs,

not just a fundraising issue!

– Staff – Volunteers/trustees – Beneficiaries – Donors/supporters

GDPR- Key implications for CFs

• Consent harder to obtain and rely on
• Increased transparency needed
• Tougher compliance requirements
• Enhanced individual rights
• Bigger fines for getting it wrong
• Need to be able to demonstrate you

comply

GDPR-what should we be doing?

• Identify a DP compliance lead and team

within the charity- and support them!

• Audit and map the personal data your

charity holds and uses, for what purpose, and on what legal basis

• Review DP policies, external privacy

notices and consent wording

– Privacy notices specific to each category of data subject

GDPR-what should we be doing?

• Review arrangements with third party data

processors

• Plan any required communications with

donors, service users, staff, volunteers

• Review systems and processes- make sure

you are geared up to respond to:

– the enhanced rights for individuals- e.g. SARs – Data breaches

• Trustee and Staff training and awareness

GDPR-should we go opt-in?

• Not all direct marketing needs an
• pt-in- nuanced approach likely to be

needed

• ‘Legitimate Interest’ justification may

allow communication by post with supporter base with ‘opt out’ option

– Must be a legitimate interest – Not overridden by rights and interests of the individual

Fundraising changes

• Fundraising Regulator now in
• peration

– Last chance saloon for self regulation of charity fundraising? – Now responsible for Codes of Fundraising Practice – Investigates/adjudicates on complaints – Oversees the Fundraising Preference Service (FPS)

Fundraising changes

• Agreements with professional

fundraisers/commercial participators

• Charity Commission guidance CC20
• https://www.gov.uk/government/publication

s/charities-and-fundraising-cc20

• Emphasises the role of trustees in

charity fundraising

Fundraising changes

• CC20 Key principles:
• Planning effectively
• Supervising your fundraisers
• Protecting your charity’s

reputation, money and other assets

Fundraising changes

• Identifying and ensuring compliance

with the laws or regulations that apply specifically to your charity’s fundraising

• Identifying and following any recognised

standards that apply to your charity’s fundraising

• Being open and accountable

FPS

• Fundraising Preference Service now

in operation

– Need to ensure you are set up to receive and deal with requests – 28 days to comply with suppression requests – Fundraising Regulator FAQs https://www.fundraisingregulator.org.uk /the-fundraising-preference-service/for- charities/

CC regulatory powers

• Official warnings
• Against charity or individual trustees
• Can be published
• New discretionary CC power to

disqualify a person from acting as trustee

• Must meet one of 6 criteria
• Satisfied unfit to be trustee
• Desirable in public interest to disqualify

CC regulatory powers

• Automatic trustee disqualification

criteria extended from 1 August 2018

• Disqualification criteria extends to acting

as CEO or CFO or equivalent

• Trustees and senior managers should be

asked to renew declarations before 1 Aug

• Review pre-appointment procedures
• Waivers can be applied for from 1 Feb

What’s coming down the line?

• CC charging- when, not if?
• Conversion of CFs company limited by

guarantee to CIOs

• Law Commission draft Charities Bill

James Evans j.evans@tozers.co.uk 01392 207896