The definition of direct marketing is one of the few areas where the Information Commissioner’s Office guidance really bites. The law doesn’t properly define what marketing is – UK GDPR makes no attempt to do so, and the UK Data Protection Act contains a terrible definition that partially defines marketing using the word ‘marketing’. The ICO’s interpretation is important because it’s what they’ll act on.

Through a succession of Commissioners, the office has defined marketing as including the promotion of an organisation’s aims and ideals – which means fundraising and other charity-based activities are included. This means the GDPR opt-out right applies, as does everything marketing-related that you find in the Privacy and Electronic Communications Regulations (PECR).

This means a patchwork of rules around consent and legitimate interest, but the Data (Use and Access) Bill contains a bit of good news for the sector – soon, charities will get a version of the useful but much-misunderstood soft opt-in.

On September 8th, I’m running a course to delve into all of this – how GDPR and PECR apply to fundraising and related issues, and how charities should prepare sensibly for the new provisions. I’m not predicting that the Commissioner will wake from his enforcement coma and come after charities, but it will be obvious who’s following the law properly and who isn’t, and this is an area where even the biggest charities have had their fingers burnt.

We’ll cover:

• the basics of marketing and data protection – why is the promotion of fundraising and charitable purposes considered to be marketing?
• transparency – what do you need to tell people and why charities have had problems with this issue in the past
• obtaining data from third parties and public sources
• profiling potential donors – when do you need to tell them and what do you need to tell them?
• sending promotional messages and the new Charity soft opt-in
• thanking people and providing information
• when you might need to carry out a data protection impact assessment