Legislative Update – Charity Newsletter Winter 2018

This article was featured in our Winter 2018 Charity Newsletter. To read the newsletter in full, please click here.

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Post GDPR – how is the sector coping?

On the 25 May 2018, the General Data Protection Regulation (GDPR) came into force. The aim being to bring data protection legislation into line with how personal data is used in today’s world.

There have been a number of stories and hiccups but in general the sector seems to have coped well.

The important issue now is not to let all the hard work drift away. GDPR is an ongoing commitment and charities need to make sure that it is at the centre of all their data gathering activities.

Guidance: goo.gl/T9KJEp

Information Commissioner audits charities

The Information Commissioner (ICO) has conducted audits of eight charities, reviewing areas such as incident reporting, data sharing, consents etc. The eight charities took part on a voluntary basis.

The findings were that while all the charities had good governance structures and had adopted opt-in structures for marketing purposes, there were instances of lack of routine compliance checks on data protection, direct marketing and data processors.

With GDPR, these matters become even more important and all charities need to consider their compliance in this area.

Guidance: goo.gl/Lpvdco

Charity structure – have you got it right?

The CCEW has published guidance for Community Interest Companies (CIC) looking to convert to a Charitable Incorporated Organisation (CIO).

This comes in a year when the ability to convert from a Charitable Company to a CIO was also introduced and serves as a reminder for all charities to consider whether they are adopting the most appropriate legal structure for their activities and risks involved.

The Charitable Company/CIO conversion was phased during 2018 but is now available to all Charitable Companies.

Guidance:

 

This publication has been prepared by Robinson Reed Layton LLP. It is to be treated as a general guide only and is not intended to be a comprehensive statement of the law or represent specific tax advice. No liability is accepted for the opinions it contains, or for any errors or omissions. All rights reserved.