Donor Confidentiality Agreement for the United Kingdom

Donor Confidentiality Agreement Template for England and Wales

A Donor Confidentiality Agreement is a legally binding document governed by the laws of England and Wales that establishes confidentiality obligations between donors and recipient organizations. It protects sensitive information about donations, donor identity, financial details, and related communications. The agreement ensures compliance with UK data protection laws, including GDPR, while maintaining donor privacy and establishing clear protocols for information handling and disclosure.

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What is a Donor Confidentiality Agreement?

The Donor Confidentiality Agreement is essential in philanthropic and charitable contexts where donors require privacy and discretion regarding their contributions. This contract type is particularly relevant when handling substantial donations or when donors wish to remain anonymous. Under English and Welsh law, it provides a framework for protecting sensitive information while ensuring compliance with data protection regulations and charitable giving requirements. The agreement typically covers donor details, gift amounts, communications, and any specific conditions attached to donations.

What sections should be included in a Donor Confidentiality Agreement?

1. Parties: Identification of the donor and recipient organization

2. Background: Context of the donation and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Confidentiality Obligations: Core confidentiality requirements and restrictions

5. Permitted Disclosures: Circumstances under which confidential information may be shared

6. Duration of Obligations: Time period for confidentiality obligations

7. Return or Destruction of Information: Requirements for handling confidential information post-agreement

What sections are optional to include in a Donor Confidentiality Agreement?

1. Data Protection Compliance: Specific provisions for personal data handling when personal data is involved

2. Publicity Rights: Terms regarding public announcements or acknowledgments when donor recognition is relevant

3. Tax Provisions: Specific tax-related confidentiality requirements for large donations with tax implications

4. International Transfer Provisions: Rules for cross-border information sharing when parties operate in multiple jurisdictions

What schedules should be included in a Donor Confidentiality Agreement?

1. Confidential Information Schedule: Detailed list of information covered by the agreement

2. Authorized Representatives: List of individuals authorized to handle confidential information

3. Security Protocols: Specific procedures for handling and protecting confidential information

4. Notice Requirements: Formal procedures for communications between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

UK GDPR and Data Protection Act 2018: Primary legislation governing how personal data must be collected, processed, stored, and protected in the UK. Essential for handling donor's personal and financial information.

Charities Act 2011: Key legislation governing charitable organizations in England and Wales, including regulations regarding fundraising and donor relationships.

Common Law of Confidentiality: Case law principles that protect confidential information shared in circumstances implying confidentiality, fundamental to maintaining donor privacy.

Contract (Rights of Third Parties) Act 1999: Legislation governing contract formation, enforcement, and third-party rights under English contract law.

Human Rights Act 1998: Incorporates European Convention rights into UK law, particularly Article 8 regarding the right to privacy, relevant for donor confidentiality.

Financial Services and Markets Act 2000: Regulatory framework for financial activities, particularly relevant if donations involve financial instruments or investments.

Money Laundering Regulations 2017: Regulations requiring due diligence and compliance measures, especially important for large donations and financial transactions.

Fundraising Regulator's Code of Practice: Guidelines and best practices for fundraising activities and donor relationships, particularly relevant for charitable organizations.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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