People can use the Fundraising Preference Service to stop direct marketing communications from charities they do not want to hear from. If a charity gets a message informing them that a person has made an FPS request, they should act to respect their wishes.
Since the service was launched, more than 2,143 charities have set themselves up on the FPS secure portal, to ensure that they do not send direct marketing communications to people who have made an FPS request. If you are a charity and wish to access the portal, click here for more information.
However, some charities are breaching the Code of Fundraising Practice by failing to access and action these requests to stop communication.
When are charities considered in breach of the code?
The Data Protection Act 2018 gives a person the right to object at any time to use of their personal data for marketing purposes. This right is also reflected in the Code of Fundraising Practice, which sets the standards for UK fundraising.
If a charity does not take action to stop direct marketing communications within 21 days of receiving an FPS request, they are in breach of the terms and conditions of the FPS. If they fail to act further, within 28 days of receiving an FPS request, we consider them in breach of section 3.2.5 of the code and we will take regulatory action.
What regulatory action will you take?
If a charity repeatedly ignores reminders to action the FPS request, a final letter is sent to the Chief Executive and Chair of Trustees of the charity from our Chief Executive. This letter clearly warns the charity that we
- consider them to be in breach of section 3.2.5 of the code and will name their organisation publicly on our website as non-compliant
- may notify the Information Commissioner's Office of a potential breach of the Data Protection Act 2018
- may notify the Charity Commission for England and Wales and/or Northern Ireland that we consider that their failure to take action and respond us, to be a potentially serious governance issue
Which charities have breached the code in relation to FPS?
As of 1 August 2020, 69 requests haven’t been accessed by 22 charities. You can download a list of these charities below.
If you are concerned that a charity has not respected an FPS request you have made, you can make a complaint to us.