During our Getting Code Ready webinar, you shared questions for us – thank you!
Below you’ll find answers & related links to support you, links to the Fundraising Regulator’s Code of Fundraising Practice, and pointers to supporting guidance also included.
To recap: the purpose of the ‘Get Code Ready’ webinar was to share key overall changes, frameworks and top tips on getting code ready – as well as hear from others on how they are doing this and how they’re staying code ready for the future.
We have provided, similar to the webinar, signposts to the Fundraising Regulator directly as the regulatory body responsible for the Code of Fundraising Practice.
You can also contact the Fundraising Regulator directly at any point to find out more detailed information or ask questions. You can find the new updated code here: https://www.fundraisingregulator.org.uk/code
To ask a question about the code, you can use the Fundraising Regulators online form. If you have any difficulties completing the form, you can contact them by email: code@fundraisingregulator.org.uk.
Below we have grouped together the questions asked during the webinar, and provided some responses. Please note this is not legal or regulatory advice, and does signpost to the relevant regulators, legal or regulatory bodies.
1. What exactly is Clause 2.5 “Solicitation Statements”? Is that just our elevator pitch?
It’s a legal transparency statement. Clause 2.5 and 6 in the Code sets out when and how fundraisers must explain who they’re fundraising for and how the charity will benefit. It’s about ensuring supporters understand the relationship between the ask, the charity, and how their money will be used including any constraints or restrictions too etc.
Some key points from the Code:
- 2.5.1: You must ensure solicitation statements are clear, accurate, and up to date.
- 2.5.2: The statement must be given before asking for money or financial details.
- The statement explains how much of the donation will go to the charity and how it’s calculated (for paid fundraisers, partners, etc.).
Where to read more:
Fundraising Regulator Code: Section 2.5
Fundraising Regulator Code of Fundraising Practice: Section 6.4
2. What are the main changes to the Code, and do we need to change our privacy policies (esp. around legitimate interest)?
There are several changes, the most notable being that the Code is now principles-based, to largely be applied at your own scale and context. You apply the same ethical principles, openness, honesty, respect, legality to all fundraising.
Regarding privacy policies, you should check that your privacy policy still reflects:
- Your lawful basis for processing supporter data (consent, legitimate interest, etc.).
- Your marketing methods (email, SMS, post, phone) and that they align with lawful bases.
- How you inform supporters about their rights.
Where to read more:
Code 2025: Table of Changes
ICO Guidance on Legitimate Interests
3. If we ask a business for sponsorship and promise mentions on social media or in literature, do we now need a Sponsorship Contract?
The Code requires clear agreements where charities work with commercial participators, e.g. businesses that promote sales, events, or activities stating that a portion of proceeds goes to charity.
Even if your arrangement is ‘just sponsorship,’ best practice is to document it.
Where to read more:
Code of Fundraising Practice: Fundraising Partnerships: Section 6
4. How do the Code changes link to the upcoming Soft Opt-In changes? Has it been helpful to have both at once?
The new Code’s principles-based approach gives you flexibility to interpret compliance proportionately. The Soft Opt-In changes (from the Privacy and Electronic Communications Regulations) affect how charities can send marketing to individuals.
Together, this could be an opportunity to align your fundraising and data-protection practices, as well as review in the round.
Where to read more:
ICO Guidance on the Soft Opt-In
Regulator Guidance – Preparing for soft opt in
DMA
Reminder & Follow Ups
- Read the New Code of Fundraising Practice here: https://www.fundraisingregulator.org.uk/code
- Join FE Membership to connect with other fundraisers, to share insights, challenges and solutions together: FREEMONTH CODE
- Useful FE Members Only related content:
–New Code of Practice: How British Red Cross have developed a compliance culture
–Data Protection for Fundraisers: What fundraisers need to know and how to prepare
–Get Fundraising Code Ready: The Code in Practice
–Making The Most Of Email Soft Opt-In Changes