# New rules added to Code ahead of FPS launch with immediate effect

- Link: https://fundraising.co.uk/2017/06/29/new-rules-added-code-ahead-fps-launch-immediate-effect/
- Published: 2017-06-29T07:30:10+01:00
- Author: Melanie May

**The Fundraising Regulator has added new requirements to the Code of Fundraising
Practice in advance of the Fundraising Preference Service’s launch on 6^(th) July
2017.**

 

The new rules will apply with immediate effect from today (Thursday 29^(th) June)
and set out how organisations must respond to individuals’ requests to cease the
processing of their personal data for direct marketing purposes.

## Advertisement

 

They are as follows:

 

**_5.2 General Principles_**

 

 1. _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_**

 

 1. _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._
 2. _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](https://www.fundraisingregulator.org.uk/code-of-fundraising-practice/code-changes/).

 

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.”

 * **[Lord Grade may not know how the FPS works, but he did hit on something](https://fundraising.co.uk/2017/07/13/lord-grade-may-not-know-fps-works-hit-something/)**(
   13 July 2017)
 * **[Yonder Digital Group appointed to provide FPS telephone support](https://fundraising.co.uk/2017/07/20/yonder-digital-group-appointed-provide-fps-telephone-support/)**(
   20 July 2017)
 * **[Fundraising Regulator issues alert over FPS invoice scam](https://fundraising.co.uk/2017/09/20/fundraising-regulator-issues-alert-fps-invoice-scam/)**(
   20 September 2017)

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