Fundraising Risk Assessment Template for England and Wales

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What is a Fundraising Risk Assessment?

The Fundraising Risk Assessment Template is designed to help organizations in England and Wales conduct thorough risk assessments of their fundraising activities. It addresses the growing complexity of fundraising operations and the need for robust risk management in accordance with the Charities Act 2011 and related regulations. The template covers various aspects including physical safety, financial controls, data protection, and regulatory compliance, providing a systematic approach to identifying and managing potential risks in fundraising activities.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Fundraising Risk Assessment

A Fundraising Risk Assessment is a crucial document that helps you identify, evaluate, and manage potential risks associated with your charity's fundraising activities. Under England and Wales law, this assessment ensures your organization complies with the Charities Act 2011, Data Protection Act 2018, and other relevant regulations while protecting your charity's reputation and financial security.

When do you need this document?

You need a Fundraising Risk Assessment before launching any new fundraising campaign or activity. This includes organizing charity events, door-to-door collections, online campaigns, direct mail appeals, or fundraising partnerships with commercial organizations. The Charity Commission expects trustees to demonstrate proper risk management, making this assessment essential for regulatory compliance. You should also conduct regular reviews of existing fundraising activities, particularly when changing methods, targeting new donor segments, or working with third-party fundraisers. Annual reviews help ensure your risk management remains current and effective.

Key legal considerations

Your Fundraising Risk Assessment must address several critical areas to ensure comprehensive protection. Financial risks include fraud prevention, money laundering controls, and proper accounting procedures for donated funds. Data protection considerations are paramount, requiring compliance with UK GDPR when collecting and processing donor information. You must also assess reputational risks that could damage public trust or your charity's mission. Legal compliance risks involve ensuring all fundraising activities meet regulatory requirements, including proper licensing for street collections or lottery activities. The assessment should evaluate operational risks such as volunteer safety, venue security, and emergency procedures during fundraising events.

Legal requirements in England and Wales

Under the Charities Act 2011, trustees have a legal duty to act in their charity's best interests and manage risks appropriately. The Charity Commission's guidance CC20 emphasizes the importance of risk management in fundraising activities. You must ensure compliance with the Fundraising Regulator's Code of Practice, which sets standards for charitable fundraising. Data protection laws require explicit consent for processing personal data, secure storage systems, and clear privacy notices for donors. The Privacy and Electronic Communications Regulations govern email marketing and telephone fundraising, requiring opt-in consent for most communications. If your fundraising involves gambling activities like raffles or lotteries, you must comply with the Gambling Act 2005 and obtain appropriate licenses from local authorities or the Gambling Commission depending on the activity's scale and nature.

GOVERNING LAW

Applicable law

This Fundraising Risk Assessment is drafted to comply with England and Wales law. Key legislation includes:

Charities Act 2011: Primary legislation governing charity operations and fundraising activities in England and Wales, including requirements for registration, reporting, and trustee responsibilities

Charities (Protection and Social Investment) Act 2016: Additional legislation strengthening the Charity Commission's powers and introducing new requirements for fundraising agreements and practices

Data Protection Act 2018 (UK GDPR): Legislation governing the collection, processing, and storage of personal data from donors and supporters

Privacy and Electronic Communications Regulations (PECR): Regulations covering electronic communications, including email marketing and telephone fundraising

Gambling Act 2005: Legislation governing charitable gambling activities such as raffles, lotteries, and prize draws

Consumer Rights Act 2015: Legislation protecting donor rights and governing fundraising transactions and agreements

Equality Act 2010: Legislation ensuring non-discrimination in fundraising activities and equal access to giving opportunities

Fundraising Regulator's Code of Fundraising Practice: Key regulatory framework setting standards for fundraising activities and ethical practices

Payment Services Regulations 2017: Regulations governing the handling and processing of donations and financial transactions

Health and Safety at Work Act 1974: Legislation ensuring safety standards for fundraising events and activities involving staff and volunteers

House to House Collections Act 1939: Specific legislation governing door-to-door fundraising activities and required permits

Money Laundering Regulations 2017: Regulations requiring due diligence on large donations and prevention of money laundering through charitable giving

Proceeds of Crime Act 2002: Legislation preventing the acceptance of donations from illegal activities and requiring reporting of suspicious transactions

Financial Services and Markets Act 2000: Legislation governing financial aspects of fundraising, including investment and financial promotions

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