The Institute of Fundraising has met with fundraising associations across Europe to discuss how to lobby against proposed EU data protection legislation that could damage fundraising.

Earlier this month, the Institute wrote to UK MEPs to raise concerns about the new European General Data Protection Regulation, which is due to come into force from 2017.

The IoF highlighted two areas in the new laws which it believes would have a detrimental impact on fundraising – a rule on donors' consent to be contacted, which under current proposals would have to be ‘explicit’ for all channels including direct mail and telephone, and profiling individual donors, which would be prohibited without explicit consent.

At a breakfast briefing, organised by the marketing agency Fast Map in London on Friday, Jenny Moseley, director of the data protection consultancy Opt-4, said fundraisers and the commercial marketing sector faced tough opposition in Brussels from the pro-privacy lobby.

But the regulation is yet to be agreed and must be passed by the Council of Ministers followed by the Council, European Parliament and European Commission, she said.

Daniel Fluskey, head of policy and research at the IoF, was in Brussels on Friday for the European Fundraising Association’s annual general assembly. The EFA is a network of 22 fundraising associations, including the IoF.

New data protection regulation was among the issues discussed. Fluskey said: “We are working with the EFA and others to raise the issues with MEPs from other nations.

“From my discussions with other associations everybody recognises the need for the regulation to be proportionate and to make sure it does not negatively impact or restrict fundraising.”

Beatrice Schell, chief executive of the EFA, said: “We are preparing to reach out to relevant MEPs in Brussels, aiming to engage their support in ensuring that the final legislation protects consumers without cutting off vital fundraising channels.

"We are also encouraging national fundraising associations across Europe to reach out to their own MEP contacts in the same way.”

The proposals will now form an EU regulation, rather than a directive. A directive gives member states discretion in terms of interpreting the rules, whereas a regulation immediately becomes enforceable in law in all member states.

Institute briefs MEPs

The IoF’s said in its briefing to MEPs: “If the original proposals are implemented they would have a damaging effect on fundraising in the UK, which in turn would seriously impact on the ability of charities to deliver their essential work.”

Under the original proposals, charities would have to gain explicit consent for direct mail and telephone fundraising communications to supporters. The IoF is calling for the existing ‘opt out’ regime to remain for post and telephone marketing.

The IoF said it is against a default ban on profiling, which allows organisations to build up knowledge of individuals and tailor fundraising campaigns to individual supporters. This would be prohibited without explicit consent under the current proposals.

An amendment has been passed by the European Parliament saying that people should “have the right to object to profiling”, rather than an automatic assumption against it without consent.

The briefing is supported by 10 national charities including the British Heart Foundation, Cancer Research UK, Macmillan, the National Deaf Children’s Society, and Save the Children.

Proposals 'hideously complicated'

At Friday’s breakfast briefing in London, Caroline Roberts, former director of public affairs at the Direct Marketing Association and an associate of Opt-4, urged fundraisers and charities to join efforts to lobbying against the current proposals.

“It’s hideously complicated and pretty labyrinthine,” she said. “We need to educate people about what is happening because there is still a lot of room for negotiation.
 
“The Advertising Association and the DMA are lobbying vigorously. It is worth fighting for the principles to make it a better balanced regulation. So I would urge you to consider lobbying just as furiously.”