The new rules will apply with immediate effect from today (Thursday 29th June) and set out how organisations must respond to individuals’ requests to cease the processing of their personal data for direct marketing purposes.
They are as follows:
5.2 General Principles
- p) Organisations MUST* either cease within a reasonable period (meaning as soon as is practicable, but in any event not exceeding 28 days) or not begin to process an individual’s personal data for the purpose of direct marketing where they receive notice from or on behalf of an individual to do so. This may include:
- notice in writing from (or on behalf of) an individual, whether or not described as a formal section 11 request (under the Data Protection Act 1998)
- notice from (or on behalf of) an individual submitted through the Fundraising Preference Service or notice from the Fundraising Preference Service that such a request has been made.
- Any other indication of wishes from an individual (or made on their behalf) that that they do not wish to be contacted for direct marketing purposes, such as via preferences and unsubscribe mechanisms.
4.2 Working with Third Parties
- f) Organisations MUST require any agency or third party they work with to inform them of any notice received by the agency or third party to cease or not commence direct marketing from (or on behalf of) an individual.
- g) Organisations MUST require any agency or third party they work with to comply with any notice or request from (or on behalf of) an individual to cease within a reasonable period (meaning as soon as is practicable, but in any event not exceeding 28 days), or not begin to process that individual’s personal data for the purpose of direct marketing. This includes any such notices or requests made through the Fundraising Preference Service.
The rule changes can also be found on the Fundraising Regulator’s site.
Suzanne McCarthy, Board member and Chair of the Fundraising Regulator’s Standards Committee said:
“It is important that members of the public have confidence that charities will respect their communication preferences. The changes made to the Code today support the introduction of the new FPS and require all charities to stop sending direct marketing communications on receipt of a request made through the service.”
Stephen Dunmore, Chief Executive of the Fundraising Regulator added:
“We have written to those charities that do the most fundraising to ensure they are ready to receive FPS requests. While only these largest charities need to register at this stage, all charities need to make sure that they know what the FPS is and are ready in the event that they receive a ‘stop’ notification.”
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