The Regulator has included a short guide to TPS compliance to help fundraisers understand their responsibilities and, following a consultation, has removed the requirement for telephone fundraising agencies to hold mandatory TPS Assured certification.
The rule had stated that telephone fundraising agencies “must have up to date TPS Assured certification”. This has been updated to stress in more general terms the need to evidence compliance with TPS legal requirements.
Stephen Service, Policy Manager at the Fundraising Regulator said:
“We have listened carefully to feedback from telephone agencies and charities on this rule following its introduction in 2015. It’s clear that obtaining TPS assured certification has been a useful and appropriate step for some organisations, but has proven disproportionately burdensome for others.
“The key point is that there is no ’one-size-fits-all’ where monitoring is concerned. Charities and agencies need to be able to evidence their compliance with TPS and take a risk-based approach to how they audit their practices, based on the scale of their fundraising campaigns and the methods used.”
Tamsin Mitchell, Compliance Manager, Telephone Fundraising, Institute of Fundraising said:
“This is a very welcome change to the Code and makes it clear that all organisations carrying out telephone fundraising must ensure and evidence their compliance with the legal obligations regarding the Telephone Preference Service (TPS). The quick guide provides a very clear reference point making it easy to follow the TPS requirements.”
“The change also gives organisations the flexibility to decide how they will record and demonstrate their compliance. This sensible and practical approach by the Fundraising Regulator should remove any previously held concerns or difficulties in complying with both the Code and GDPR.”
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