Exchange of donor files between non-profit organisations: a regulated practice

19/10/2022

Exchange of donor files between non-profit organisations: a regulated practice

Circulating contact files between non-profit organisations allows for a broadening of the scope of potential donors. The CNIL reminds everyone wishing to resort to this practice of the rules to be respected, both for the organization transmitting the file as for the one on the receiving end.

  • Obligations incumbent on the organisation transmitting the file

At the time of collecting the data, it is mandatory for the collecting body to inform the persons concerned of

  • the use of the collected data for charity prospection purposes and their possible transmission to other organisations for the same purpose
  • their right to object to the data collection, simply and immediately. The CNIL proposes using a checkbox through which the data subject can indicate their opposition.
  • Obligations incumbent on the organisation receiving the file

The organisation receiving the donor file becomes responsible for processing the data. It must provide the data subjects with the information referred to in Article 14 of the RGPD and in particular with the source of the file.

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These rules only apply when the purpose of the file transfer is charity prospection. If the recipient of the files plans on carrying out commercial prospecting, the obligations towards the data subjects are reinforced. 

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