The new General Data Protection Regulation comes in to effect on 25th May 2018.
Currently the UK relies on the Data Protection Act 1998, but this will be superseded by the new legislation. It introduces tougher fines for non-compliance and breaches, and gives people more say over what companies can do with their data. It also makes data protection rules more or less identical throughout the EU. Despite the UK leaving the EU, the GDPR will still apply to all charities and organisations in the UK.
What are the Key Changes?
12 Steps to Take Now
- Awareness – make sure that key people in your organisation are aware that the law is changing to the GDPR.
- Data held – You should document what personal data you hold, where it came from and who you share it with.
- Privacy Information – You should review your current privacy notices and put a plan in place for making any necessary changes in time for GDPR implementation.
- Individual rights – You should check your procedures to ensure they cover all the rights individuals have, including how you would delete personal data or provide data electronically and in a commonly used format.
- Access Requests – You should update your procedures and plan how you will handle requests within the new timescales and provide any additional information.
- Lawful basis for processing – You should identify the lawful basis for your processing activity in the GDPR, document it and update your privacy notice to explain it.
- Consent – You should review how you seek, record and manage consent and whether you need to make any changes. Refresh existing consents now if they don’t meet the GDPR standard.
- Children – You should start thinking now about whether you need to put systems in place to verify individuals’ ages and to obtain parental or guardian consent for any data processing activity.
- Breaches – You should make sure you have the right procedures in place to detect, report and investigate a personal data breach.
- Data Protection by Design – You should familiarise yourself now with the ICO’s code of practice on Privacy Impact Assessments as well as the latest guidance from the Article 29 Working Party, and work out how and when to implement them in your organisation.
- Data Protection Officers – You should designate someone to take responsibility for data protection compliance and assess where this role will sit within your organisation’s structure and governance arrangements. You should consider whether you are required to formally designate a Data Protection Officer.
- International – If your organisation operates in more than one EU member state (ie you carry out cross-border processing), you should determine your lead data protection supervisory authority. Article 29 Working Party guidelines will help you do this.
There are lots of organisations offering training and advice about GDPR, but sadly at often very high rates. There is however also a range of training that is equally beneficial but provided for free. We will advertise on our training page any free or low cost events that are happening locally.
The Fundraising Regulator and the Institute of Fundraising have published free guidance for fundraisers on the General Data Protection Regulation. The guidance, which consists of the following six short guides, has been collated based on questions that charities have asked about GDPR:
- GDPR and Charitable Fundraising – an Introduction
- GDPR Spotlight on Fundraising
- GDPR Spotlight on Community Fundraising
- GDPR Spotlight on Corporate Fundraising
- GDPR Spotlight on Legacies
- GDPR Spotlight on Trusts
Each of the guides have been reviewed by the Information Commissioner’s Office, which will police the new regulations.