# Code of Fundraising update means explicit consent for data sharing

- Link: https://fundraising.co.uk/2016/03/10/code-fundraising-update-means-explicit-consent-data-sharing/
- Published: 2016-03-10T20:41:16+00:00
- Author: Melanie May

**Charities must now not share an individual’s data with third parties for fundraising
communications unless that individual has provided express consent, under a change
to The Code of Fundraising Practice.**

The full wording of the new Code requirement is:

_6.5 Selling/renting and sharing marketing lists _

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_b) Even if not for payment, organisations MUST NOT share the personal data of an
individual with any other organisation for that organisation’s marketing or fundraising
purposes without the explicit consent of that individual to the sharing of the personal
data with that other organisation or other specified types of organisation._

6.5 b) does not apply to the sharing of personal data between organisations which
are within a federated structure and/or where one controls the other or both are
under common control. Subparagraph 6.5 b) does not apply where the personal data
are being shared with a data processor (organisations that are, under written contract,
acting on behalf of another organisation e.g. professional fundraisers, data cleansers,
printing houses etc.) and where the requirements with regard to data processing 
under the Data Protection Act 1998 (including the written contract setting requirements
as to security) are also met

It means that an individual must have provided a positive indication that they agree
to their personal data being shared, such as ticking an opt-in box, spoken confirmation,
or the provision of contact details where the individual has been clearly informed
that by giving these details they agree to their data being shared.

More information is available on the [IoF site](http://www.institute-of-fundraising.org.uk/code-of-fundraising-practice/legal-appendices/l140-data-protection/),
as well as from [the ICO](https://ico.org.uk/for-organisations/guide-to-data-protection/).

 * **[Code consultation event dates announced for Scotland](https://fundraising.co.uk/2017/03/14/code-consultation-event-dates-announced-scotland/)**(
   14 March 2017)
 * **[Free consultancy offer on Fundraising Code for Northern Ireland charity](https://fundraising.co.uk/2017/08/15/free-consultancy-offer-on-fundraising-code-for-northern-ireland-charity/)**(
   15 August 2017)
 * **[Institute of Fundraising raises questions in its ‘first take’ on Regulator’s Code proposals](https://fundraising.co.uk/2017/10/11/institute-fundraising-raises-questions-first-take-regulators-code-proposals/)**(
   11 October 2017)

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