The UK’s DMA, backed by 19 charities, wrote to the Secretary of State for Science, Innovation and Technology on behalf of its members last November, asking for soft opt-in to be extended to charities in the current Bill. Analysis referenced in the letter has estimated that this could lead to an extra £290 million in annual donations for UK charities. EFA member the Chartered Institute of Fundraising (CIOF) has also engaged with government ministers and House of Lords peers on the matter.

Current rules

At the moment, under the Privacy & Electronic Communications Regulations (PECR) soft opt-in can only be used as a basis for contacting people with email and text marketing by commercial organisations, under strict conditions.

The exemption

The amendment (which can be found on p5 of the Bill) will mean that if someone shows an interest in what a charity is doing at the point of an email address capture (such as donating, or signing a petition), and is given the opportunity to opt out, the charity will be able to email them about something else, if it is to help further their work. This could include asking them to sign up to give regularly, or leave a legacy. The option to opt out will have to be given every time they are contacted, and there must be no sharing of data with a third party.

Announcing the news on the CIOF site, director of policy and communications Claire Stanley said:

“This is a significant win for the sector and will finally put charities on a level playing field with commercial organisations which have benefitted from soft opt-in since the introduction of the Privacy and Electronic Communications Regulations back in 2003.

“Crucially, it shows a willingness from the government to listen to the sector at a time when it is facing multiple challenges to deliver services amid rocketing demand. This will allow charities to communicate more widely with supporters and share the vital work they are doing.”

Picture by Solen Feyissa on Unsplash

On more than one occasion, I have written in Fundraising Europe about the new e-Privacy Regulation, currently in the negotiation procedure inside the EU institutions. As negotiations in Brussels on the new e-Privacy Regulation near conclusion, a crucial element that may adversely affect the daily work of the fundraising community has still not been resolved.

As outlined in previous articles, the e-Privacy Regulation primarily aims to protect EU citizens from data abuse and privacy violations by large tech companies. Whilst such protection is, in principle, something EFA can support, there is a real danger for the fundraising community to become collateral damage in the EU’s battle against big tech.

Specifically, the EU proposes a prefix to be given to all organisations engaging in direct marketing, which includes telephone outreach campaigns. Whist this does not necessarily pose a problem, there is a complicating factor as the Institutions are also looking to give Telecom operators the option to offer blanket-blocks of said prefixes to their customers, making it impossible for these numbers to call them. This would essentially mean that donors or potential donors who have given their explicit consent to be contacted, could effectively no longer be contacted if they opt to make use of the blanket block of numbers carrying the prefix. In other words, the technical act of blocking these numbers, overrules the legal consent given by the donor.

There have been attempts to exempt fundraisers and other NGOs from this potential new rule but, judging by the latest negotiation documents  – as seen by EFA – recital 32 still states:

“The concept of to direct marketing communications should not only cover the directly and individually addressed or received advertising of products and services for commercial purposes, but also include direct marketing communications that are sent by political parties or non-profit organisations to natural persons via publicly available electronic communications services in order to promote their parties.”

This would mean that EFA and its members would fall within the full scope of the proposal for an e-Privacy Regulation. EFA will formulate a message to share with the European Parliament. We would encourage you to reach out to your Member(s) of the European Parliament to warn them against the dangers of such a measure.

Patrick Gibbels, Gibbels Public Affairs

About Patrick Gibbels

Patrick is EFA’s public affairs columnist in Brussels.

He is the director of Gibbels Public Affairs.

Follow Patrick @GPA_Brussels.

Read more from Patrick in our View from Brussels column here.

Main image by Towfiqu barbhuiya on Unsplash

Each year, the European Commission adopts its annual work programme, listing the main actions it will take in the coming year. The programme informs the public and other institutions about new initiatives the Commission will present, as well as pending proposals to be given priority, those to be potentially withdrawn, and existing EU legislation that will be reviewed.

On 18 October, the Commission presented its work programme for 2023 – a task not to be underestimated in the face of the Russian aggression and rising energy prices plaguing the already fragile post-COVID landscape. We see these realities translated into a bold programme and digital transformation plays a key role in this with the Commission vowing to place citizens at the heart of decision-making.

In its 43 new policy initiatives, the Commission has based itself on the six pillars it set out at the beginning of its mandate: A European green deal; A Europe ready for the digital age; An economy that works for the people; A stronger Europe in the world; Promoting our European way of life; and A new push for European democracy. In addition, the findings of the Conference on the Future of Europe have played a role in the design of this programme. In particular, it was decided here that citizens should be more closely involved in policy-making.

Commission President Ursula von der Leyen said at a press conference that Europe is facing a confluence of crises due to the “barbaric invasion of Russia in Ukraine”. The citizens’ agenda will therefore be paramount. Protecting citizens typically goes hand in hand with an increased focus on privacy and data protection. Indeed, the E-Privacy Regulation remains a “Priority Pending Proposal” in the Commission Work Programme.

Whilst these are positive developments in principle and the continued protection of EU citizens is important, it is of equal importance for civil society to be involved to ensure that protection does not turn into over-regulation. This also means the Commission will continue to find itself caught in a balancing act between offering adequate protection to citizens and not placing unnecessary administrative and regulatory burdens on NGOs and other organisations serving these citizens.

The European Commission will now discuss a list of joint priority legislative proposals with the European Parliament and the Council. The latter will itself come up with a 6-month work programme by the end of this year, under the leadership of the Swedish Presidency, setting out the collective’s priorities to EU Member States from January to June 2023. After that, Spain takes over.

EFA will continue to monitor any relevant developments and remains at the disposal of the European Commission to exchange views on behalf of fundraisers, charities and other NPOs.

The official documentation on the European Commission’s work programme can be found here.

Patrick Gibbels, Gibbels Public Affairs

About Patrick Gibbels

Patrick is EFA’s public affairs columnist in Brussels.

He is the director of Gibbels Public Affairs.

Follow Patrick @GPA_Brussels.

Read more from Patrick in our View from Brussels column here.

Picture by Pixels2013 on Pixabay

CNIL has warned against using Google Analytics because all data hosted through the tool is held in the US. Under GDPR, personal data transfer outside of the EU is restricted to ensure transfers only occur if the same level of protection can be guaranteed as within the EU. CNIL considers the measures Google has put in place to be insufficient.

To help nonprofits move from Google Analytics to other, GDPR compliant tools, France générosités undertook a review of those on offer. This saw a working group of 30 web marketing experts from its member base compile a comparative matrix of 15 compliant alternatives approved by CNIL, with the benchmark of different solutions now available to the France générosités network.

To help nonprofits outside of its network, France générosités has also made public its key takeaways and recommendations from the study.

“With the 2021 Generosity Barometer showing that online donations represented a quarter of the overall total collected in 2021 from one-off donations, it is an area well worth investing in,” commented Corentin Hue, France générosités digital project manager.

As well as ensuring a fine is avoided, France générosités notes another benefit of using compliant analysis tools – more data. This is thanks to the more precise tracking that is possible through a hybrid mode with cookies, which many of the newer solutions offer. Previously some of its members had observed between 50% and 80% data loss on their Cookies Management Platform due to GDPR compliance on cookies use.

When looking for a new tool, the working group’s review recommends:

– Testing a number of tools during the decision-making process, alongside Google Analytics, to enable a comparison of the resulting data.

– Involving all relevant departments in the process and considering the organisation’s likely future requirements

– Undertaking all due diligence to ensure the documentation provided and the support available for the tool meet requirements, and documenting the entire process – also essential for GDPR compliancy.

There is also a summary of criteria for nonprofits to consider when creating their own list of alternatives to Google Analytics, from compatibility with data visualisation tools, to whether they plan to continue using classic quantitative data or to move towards heat map journeys or solutions for example, and what APIs and data feedback campaign managers require from the different channels.

Providing additional support, CNIL has produced a Q&A on the topic, which explains in more depth why Google Analytics can’t be used under GDPR.

More on this topic: Is Google Analytics on its way out?

Picture by Pexels on Pixabay

In previous editions of Fundraising Europe, I have written about upcoming changes in EU Privacy legislation that could negatively impact nonprofit organisations and fundraisers. One of these is the ePrivacy Regulation, which will replace the existing ePrivacy Directive and is currently under negotiation.

The ePrivacy Directive is a piece of EU legislation closely connected to the GDPR but zoning in even more on what data may be harvested. And the new ePrivacy Regulation focuses specifically on outreach by telephone. The proposed Article 16, which covers unsolicited and direct marketing communications, states that any ‘natural or legal person’ using electronic communications services for the purposes of placing direct marketing calls shall either present a calling line identification (caller ID) on which they can be contacted or present a specific code or prefix identifying the fact that the call is a marketing call. The proposal furthermore outlines that the same applies to calls made by nonprofit organisations to support their purposes.

However, an added danger lies in the recent negotiations between the European Parliament and the Council, with a new proposal to replace the option of a calling line or a prefix with a mandatory prefix. Whilst NGOs and charities are in favour of the identification of their calling lines, a mandatory prefix would generate the false impression that their calls are for commercial or marketing activities instead of fundraising for activities in the general interest.

The work of nonprofit organisations, such as charities and NGOs, is essential for the EU. Their assistance during the COVID-19 crisis proved a crucial key to helping overcome economic and social problems. They support vulnerable people; they help protect the environment and safeguard human rights. Many of them are now at the forefront, raising funds and helping the people of Ukraine.

Particularly at a time when other forms of fundraising continue to be under pressure, blindly grouping NGOs and charities in with direct marketing organisations, whilst sticking them with a mandatory prefix could severely impact their important work. In a letter to the decision-makers, EFA has therefore called on the EU institutions involved in the negotiations to take this adverse impact into account and to stick to the text that was proposed by the European Commission, and agreed by the European Parliament.

EFA will continue to closely monitor the developments regarding this file.

Patrick Gibbels, Gibbels Public Affairs

About Patrick Gibbels

Patrick is EFA’s public affairs columnist in Brussels.

He is the director of Gibbels Public Affairs.

Follow Patrick @GPA_Brussels.

Read more from Patrick in our View from Brussels column here.

Main photo by

In response, EFA has written to the representatives of the European Parliament, Council and Commission involved in the negotiations (the trilogue) on behalf of members. It argues that such a move would impact fundraising by giving the impression that nonprofits’ calls are for commercial or marketing activities.

Charlotte Rydh, EFA President, comments:

“Making a prefix compulsory, even for non-commercial calls from nonprofits, will have a direct impact on the fundraising activities of NGOs and charities in the EU. We are surprised then to see the trilogue negotiations propose that a mandatory prefix replace the option of choosing between a calling line identification and a prefix. Neither the Council nor the European Parliament has received a mandate for such a measure, and this was not in the original proposal from the Commission.

“On behalf of nonprofit organisations around Europe raising funds for their important and vital work, the European Fundraising Association urges calls from nonprofit organisations to be distinguished from commercial marketing calls.”

EFA asks the trilogue parties to stick to the text proposed by the European Commission and agreed by the European Parliament, and let the current option of choosing between a prefix and a calling line identification remain.

This, it argues, enables nonprofits to distinguish themselves from marketing calls. Using the same mandatory prefix, on the other hand, could lead to their calls being blocked and reduce the number of people nonprofits are able to reach.

The letter went out this week (18 May), and EFA is also encouraging members to take appropriate action in their countries, including lobbying with their EU representatives.

For more on this issue, read Patrick Gibbels’ latest piece, New ePrivacy Regulation proposal could leave nonprofit and commercial calls indistinguishable.

Photo by Andrea Piacquadio on Pexels

Online giving is booming. Here in France, online donations were up by over 70% in 2020, according to our annual barometer. Digital is becoming increasingly important for nonprofits, but the environment is becoming more restrictive and therefore a riskier space.

After a historic decision by the Austrian Data Protection Authority that the continuous use of Google Analytics contravenes data protection regulations (GDPR), the French Data Protection Authority CNIL has now followed suit, sanctioning the use of Google Analytics in transferring data outside the EU and saying:

“While Google has adopted additional measures to regulate data transfers within the framework of the Google Analytics functionality, these are not sufficient to exclude the possibility of access by American intelligence services to this data.”

Does this mean it’s all over for Google Analytics? If so, what does that mean for nonprofits and our use of cookies more widely? And what impact will that have on our communications with donors or the supporter experience more widely?

Several thousands euros of lost donations

For France générosités, CNIL’s approach is not surprising. Indeed, Google Analytics hasn’t been classified as being exempt from consent and, during discussions with the CNIL, their team explained their view that Google’s solutions were not compliant.

For years, the members of France générosités have been working to comply with the GDPR. When it comes to cookies compliance, the impact has been felt astutely. Our member associations and foundations have recorded an average of 50-80% data loss on their CMP (Cookies Management Platform).

This has a real consequence on the acquisition of donations, restricting organisations’ abilities to optimise marketing campaigns or to source digital leads for donation. For some of our members, this loss was valued at several thousand euros a year. But it’s challenging to measure the full picture reliably and the true cost to the sector may well be considerably higher.

Should this “cat and mouse” game continue?

We are seeing a change within this digital era, which includes Apple’s policy update and web browsers that default to block tracking cookies and the weariness of Internet users towards cookie notices. Should this “cat and mouse” game continue? Do we really need to keep optimising these tools and looking for lost data on Google Analytics?

Even while waiting for a response from Google Analytics to the latest CNIL announcement, it seems clear that we need to start changing our practices. It’s time to recognise the utopianism of free data provided by Google Analytics and to be ready to invest in sourcing and managing reliable, relevant and essential data for our collection strategies.

The CNIL has already referenced 15 digital tools, which in a certain version and in a certain configuration (accuracy is the key to our business apparently) are “compliant” alternatives to Google Analytics. And at France générosités, we’ve set up a working group to co-build a comparison matrix of new measurement tools, sharing their feedback and experiences across the network. Our comparative table will be finalised by June.

What is the future for digital marketing?

New compliant solutions are being worked out between Google, site editors, online advertising players and data regulation authorities to develop alternative tools to third-party cookies that comply with GDPR, such as Topics from Google (recently replacing FLoC).

In the meantime, audience measurement tools can offer a wide variety of features at prices ranging from €100 per month to €50,000 per year. What investment are we willing to make to have access to this data and finesse analysis? These alternative technologies provide statistical and attribution data that is very different from Google Analytics.

Many players (like Apple with IOS 14) are changing their attribution models to better match today’s constraints. However, repetition is the key to transformation, so why continue to obsess over this data?

According to Adfinitas, 53% of the messages our associations and foundations send to donors are not personalised. We must then rethink our KPIs to seek qualitative data and develop our loyalty cycles to reduce attrition.

At France générosités, we will continue to support the sector and our members through all these new constraints to develop the generosity of the French people and support the professionalisation of fundraising. The first step will be to report back on our assessment of the 15 alternative tools to Google Analytics, which we’ll share the comparison matrix through Fundraising Europe this Summer and report online at www.francegenerosites.org.

About Corentin Hue

Corentin Hue, France générosités

After taking an MBA in communications and marketing strategy, Corentin worked with Caritas France, French Food Banks, and Humanity & Inclusion. He joined the syndicate France générosités three years ago, where he leads on institutional communication, promotion of generosity with the platform Infodon.fr and runs the annual campaign #VosDonsAgissent. Corentin supports NGO members through digital and innovation in fundraising, coordinating the organisation’s many working groups.

On January 1, France officially took over the rotating Presidency of the EU Council from its predecessor Slovenia. Traditionally, every Presidency presents its priorities at the beginning of its six-month tenure. The EU Council Presidencies work in Trios, which means that a wider trio programme is developed and agreed between the three consecutive presidencies within the trio, upon which the individual programmes are based. France is at the helm of a trio with Czechia and Sweden respectively, therefore the French Presidency programme sets the tone for the EU Member States’ general policy priorities for the coming 18 months.

We analysed the French programme and what it might mean for NPOs and the fundraising sector.

The Trio Priorities are thematically organised into four pillars: to protect citizens and freedoms; to promote a new growth and investment model for Europe; to build a greener and more socially equitable Europe; a global Europe. Within these pillars, the French Presidency has incorporated a number of files that have been on EFA’s radar and that affect the sector.

e-Privacy

The French Presidency will continue work on the ePrivacy Regulation concerning the respect for private life and the protection of personal data in electronic communications, which clarifies and complements the General Data Protection Regulation whilst protecting the rights and freedoms of individuals and legal entities with regard to the supply and use of electronic communications services. I wrote on this subject in previous editions of Fundraising Europe, the new rules and potential restrictions on digital and telephone outreach can become considerably burdensome for fundraisers. EFA has been actively advocating on behalf of the sector.

Data Act and e-ID

Similarly, The Presidency will begin work on the Data Act, which, together with the Data Governance Act already adopted, which is aimed at creating a reliable legal framework enabling data exchange whilst ensuring that sharing mechanisms are secure. In order to produce practical results for European citizens, the Presidency will continue work on creating a European digital identity. A clear data act and a better use of cross-border electronic identification (e-ID) could be of benefit to the day to day business and administration of NPOs, especially those operating cross-border.

Anti-Money Laundering (and terrorism financing)

A high priority will be placed on protecting financial transactions against cyber and criminal threats. The Presidency will continue the work on anti-money laundering and countering the financing of terrorism by creating a European supervisory authority, and revising the rules on transfers of funds. It will hold a ministerial conference on sovereignty in the face of financial crime as early as 21 January 2022. Whilst it is important to stop money laundering and the financing of criminal activities, we must ensure that the work of fundraisers is not disproportionately hampered by restrictions based on a one-size-fits-all approach by the EU.

Tax evasion

In line with the above, the Presidency will undertake work on future initiatives designed to strengthen administrative cooperation between Member States and action to counter tax evasion and avoidance.

EFA will continue to monitor these policies closely and we will update you on any meaningful developments regarding these files in more detail, as they progress through the EU Institutions during the French Presidency.

Patrick Gibbels, Gibbels Public Affairs

About Patrick Gibbels

Patrick is EFA’s public affairs columnist in Brussels.

He is the director of Gibbels Public Affairs.

Follow Patrick @GPA_Brussels.

Read more from Patrick in our View from Brussels column here.

Photo by jlxp on Pixabay

The proposed EU ePrivacy laws have changed shape once more and this could have major consequences for fundraising across Europe, particularly when it comes to telephone campaigns.

The ePrivacy Regulation will of course replace the current Directive and it’s likely that the new rules will introduce even stricter rules for organisations’ use of data.

When speaking to Brussels decision-makers, the ePrivacy file often gets dubbed “everyone’s headache”. There seems to be a general fatigue within the European institutions to resolve the issue of ePrivacy. After four years lying dormant, due to the inability of Member States to align on its contents, the Council EU (of Member States) has tabled several compromise papers in an attempt to find balance. A new compromise paper has now been drafted and it does not look good for nonprofits.

The proposal is to delete article 16.4. While this article establishes the need to obtain user consent for direct marketing communication, it also provides Member States with flexibility to decide how the rules apply to telemarketing in their respective territories. In other words, with that article in place, Member States would have the freedom to decide whether this happens via an opt-out, or an opt-in regime. The deletion of the article would take away this right from Member States and impose a one-size-fits-all opt-in regime at EU level for telephone marketing. This would inevitably negatively impact all markets currently using an opt-out system and where telephone outreach is relied upon for fundraising.

This adds to previous concerns we’ve already raised here about other proposed amendments to the regulation. This includes concerns about the proposal for organisations that engage in telephone marketing to be assigned a certain label and a special telephone prefix. Telecom providers would then be able to offer users the facility to automatically block all incoming calls from such numbers, irrespective as to whether it is a charity known to the supporter or a cold sales call.

In other words, this would bypass donors’ explicit consent to be contacted. If a donor who had consented to be contacted activates the prefix block, all fundraising calls could be blocked by default. Needless to say, this could severely affect organisations’ ability to raise funds.

The combination of requiring an opt-in by default as well as the risk of a blanket block on these potential mandatory prefixes could cause a significant blow to nonprofits. A coalition of cross-sectoral stakeholders has been formed to object against these proposed amendments. EFA is in close contact with members of this coalition to share information and insights from the fundraising sector, coordinating our actions. EFA is in the process of drafting a letter to the institutions, outlining its concerns, and will report back on future progress.

Patrick Gibbels, Gibbels Public Affairs

About Patrick Gibbels

Patrick is EFA’s public affairs columnist in Brussels.

He is the director of Gibbels Public Affairs.

Follow Patrick @GPA_Brussels.

Read more from Patrick in our View from Brussels column here.

Main feature photo (lock) by ShonEjai from Pixabay

Every nonprofit organisation has a mission and a purpose, and fulfilling that purpose is its number one priority. To do so, they need to build and maintain capacity and resources. Fundraising is therefore a crucial part of the sector’s work, and donors form the lifeblood of the organisation.

COVID-19 and the many restrictions that came with it have significantly restricted the ways in which we can reach out to donors. Live events are near impossible to organise under the current circumstances in many parts of Europe, and visitor attractions and public fundraising are still limited. At least we still have the phone, right? Well, maybe not.

The EU has been cracking down hard on privacy violations in an effort to protect its citizens from data abuse. Whilst the primary targets of the EU’s crackdown are internet giants such as Facebook and Google, who have been known to harvest and sell citizens’ data, many other smaller players are becoming collateral damage. We all know the General Data Protection Regulation (GDPR) by now and most of us understand how it protects consumer rights, but also how restrictive it can be in terms of data collection and outreach.

The e-Privacy directive is a piece of EU legislation that is closely connected to the GDPR but zones in even more on what data may be harvested. And the new ePrivacy Regulation, which will replace the current Directive, focuses specifically on outreach by telephone.

For years, the ePrivacy Regulation has been in a deadlock at European level, as the European Council refused to progress the file. During the second half of last year, the file started moving again and the institutions are now getting closer to an agreement. The Council made two amendments to the Commission’s proposal which could make telephone fundraising very difficult.

Article 16 states that organisations that engage in telephone marketing may receive a certain label and a special telephone prefix to be recognised as such. To make matters more difficult, the proposed article 14 states that telecom providers will be able to offer users to automatically block all incoming calls from such numbers. This would bypass donors’ consent to be contacted. If a customer who had consented to be contacted activates the prefix block, all fundraising calls – including those to current supporters, would be blocked by default. Needless to say, this could severely affect organisations’ ability to raise funds.

Personal data has become a commodity and abuse of these data by large online players is a real threat. It is logical that the EU legislators wish to protect citizens from this type of abuse. But applying a catch-all approach, which sadly seems to be the EU’s modus operandi in many cases, can be particularly dangerous in this case.

EFA calls on the European institutions to consider the magnitude of the impact this proposal might have on fundraisers and to adopt a risk-based approach, leaving this line of communications intact for those organisations that legitimately rely on it.

About Patrick Gibbels

Patrick is EFA’s public affairs columnist in Brussels. He is the director of Gibbels Public Affairs. Follow Patrick @GPA_Brussels.

Read more from Patrick in our View from Brussels column here.

Main photo by Murray Campbell on Unsplash