26th June 2017

In May 2018, the EU’s General Data Protection Regulation (GDPR) is replacing the Data Protection Act 1998 (DPA). While there are many similarities between the two, there are many new requirements to consider.

Despite coming into force during the period that the UK begins the process of leaving the European Union, the Government has confirmed this will not affect the commencement of GDPR.

The rapid increase in data held by businesses of all sizes fall foul of cybercrime, with over £1billion lost in 2016 alone. The new framework has more scope and far tougher punishments for those who fail to comply with the new rules surrounding the storage and handling of personal data.

In the charity sector, how fundraisers can lawfully contact and attract potential new supporters and donors has been the hot topic about data protection so far. But the new requirements from GDPR will also affect campaigning, marketing, managing volunteers and recording information. This will mean adopting a completely new systematic approach for the organisation as a whole.

Under GDPR, charities will also have to explain clearly and precisely why they are collecting data and how it will be used; a simple link to privacy policy is no longer sufficient. Charities should also:

• Find an alternative to ‘pre-ticked boxes’ on websites to receive consent to use data, as ‘implied consent’ is no longer enough under GDPR rule;
• Provide user access to personal data so they can check the data you hold and how you use it;
• Manage the data the hold to ensure it gives people the correct information;
• Make sure they have the right procedures in place to detect, report and investigate data breaches.

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