Fundraising is subject to a wide range of laws and regulations which are overseen by several government departments and independent regulatory bodies. These rules are integral to ensuring donors have a positive and consistent experience no matter which way they choose to give, which in turn helps to increase public trust in the whole sector.

Charlotte Sherman from the Chartered Institute of Fundraising
  • Charlotte Sherman
  • Policy Manager, Chartered Institute of Fundraising

Whilst this diversified approach certainly does help to strengthen fundraising, feedback from our research ‘Breaking down the barriers to fundraising innovation’ found many charities thought regulation too fragmented and difficult to keep up with, particularly for those who do not have dedicated compliance or legal teams. With this in mind, we’ve created this short resource that looks at simple and quick ways charities can stay up to date with fundraising compliance. 

The past few years have been particularly pivotal for fundraising compliance, with several government departments and regulators choosing to pass new laws or update existing regulation ones to reflect wider socioeconomic changes and evolving fundraising practices. As such, charities will have to do their own due diligence into how any legislative or regulatory changes will impact their fundraising.  

Fortunately, there are several simple ways a charity can keep up to date with such developments that do not put a strain on budgets and staff resources, including:  

 

Use Google Alerts to receive updates from the relevant regulators

This allows you to get information and updates sent straight to your inbox at no additional cost, however you will need a google account and email to use the service. 

You can find out how to set up alerts here.   

Some common key words you can create an alert for include:  

  • The name of the Regulator you want to monitor e.g. Fundraising Regulator or Charity Commission. If you would like more information of the different regulators and how they impact fundraising, we have put together this short blog (link to Fran’s piece);  

  • The Bill, Act, or Code you want to stay up to date with e.g. Data Use and Access Bill; 

  • Key themes you want to know more about e.g. Fundraising complaints or Data legislation. 

 

Track new laws through Parliament’s website

Keeping an eye on Bills that will affect your fundraising and understanding the government’s views on it can help you plan for when it comes into force. For example, one of the most important Bills to keep track of right now is the Data Use and Access Bill which will shape how donor data is processed. 

Fortunately, the government has a dedicated website that publishes all laws that are being passed through parliament. Each Bill has its own page that outlines the progress it has made so far and key news, including questions from MPs or Lords and transcripts of debates.

 

Sign up the Chartered Institute policy bulletin

We proactively monitor the relevant legal and regulatory developments that could impact fundraising to assess how they could impact fundraising and share key updates with members, such as when there are new consultations, or how new laws and regulations will affect fundraisers.  

Some of our most recent pieces include:  

  • Everything you need to know about the new subscriptions law 

  • Fundraising Code of Practice  

  • DCMS Consultation on 1992 Act  

On top of this, all members are welcome to reach out to us with questions about regulation by emailing policy@ciof.org.uk. Our member hub and policy team will then signpost you to relevant resources on our website or elsewhere.  

 

Sign up to newsletters from regulators and legal firms

News and updates from regulators and legal professionals can provide additional insight into how new laws can impact your fundraising. Not all regulators and government bodies give the option of signing up to a newsletter, however, many will have a news section on their site which you can routinely visit.  

Regulators, government departments and legal firms that offer a newsletter include: 

  • Gov.UK - you can use this to sign up to updates from all government departments, including the Charity Commission and Department of Culture Media and Sport 

Regulators and infrastructure bodies will often release new guidance to help charities maintain best practice and learn from other charities’ success. These resources can help you ensure your fundraising is compliant and identify opportunities to improve processes that will drive efficiency or maximise income. 

The top three organisations that produce fundraising guidance are: 

  1. The Fundraising Regulator 
  2. The Charity Commission 
  3. The Chartered Institute of Fundraising  

Having robust organisational policies is integral to ensuring all staff and trustees understand your charity’s approach to key areas of compliance, as well as what they should do to follow regulation and mitigate risks. What’s more, it can also help demonstrate to Regulators that you are following their guidance.  

As regulation and best practice are continually evolving, routinely reviewing and updating fundraising policies can help your charity respond to such changes, improve efficiency, and take advantage of new ways to reach and retain donors. There are several factors that could indicate a policy needs to be updated, including:  

  • Changes in regulation e.g. the new Code of Fundraising Practice 

  • Technological developments e.g. AI 

Below some of the key policies to consider regularly revisiting and guidance to help you refresh them:  

  1. Complaints Policy

  2. Acceptance and refusal of donations

  3. Volunteers Policy

4. Data Protection - With the Data Use and Access Bill having recently received Royal Assent, we are currently reviewing our data protection guidance and will update this article once it has been finalised

5. Working with people in vulnerable circumstances and safeguarding 

Whilst fundraising compliance can seem complex, there are a range of ways charities can monitor the latest developments that can be embedded into any existing processes. As technology and socioeconomic factors continue to shape the giving landscape, we will  proactively monitor such changes and share the relevant information with you.  

Should you have any questions regarding compliance or best practice, our member hub and policy team are always happy to signpost you the relevant resources to help guide your thinking and share any additional information we may have. Please feel free to get in touch by emailing policy@ciof.org.uk. 

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