Page 31 - Spring Summer 2026

FST Newsletter Issue 57: July 2026 FST Newsletter Issue 57: July 2026

What does ‘independent’ mean in relation to a financial loss by such misuse is immaterial: it is acting to
Chair? protect the value of such titles in the public interest.”
I have recently received a few enquiries about the Whilst legal action against an individual who is misusing
meaning of ‘independent’ in the context of a committee post-nominals may be appropriate in some cases, the NEWS
or governing body that comprises representatives of first step in relation to misuse on social media should
different organisations, but which is required to have be to contact the individual concerned and ask them
an ‘independent Chair’. In the absence of a definition to cease using the post-nominals. It is appropriate for a
of ‘independent’ in an organisation’s governing learned or professional society to contact the individual
documents, I would treat ‘independent chair’ in this directly because they are acting to protect the value of
context as meaning someone who is not an office their title in the public interest.
holder or member of any of the bodies that are part
of the organisation. An independent chair should be
Where to advertise senior executive vacancies
able to be completely objective and unbiased i.e. free
of any connections with the bodies that are part of the I was recently asked for suggestions for places to Charity Commission updates guidance on are subject to human review unless formally agreed
organisation, to avoid potential conflicts of interest/ advertise senior executive vacancies. making changes to governing documents otherwise by an appropriate approval body. The policy
perceptions of partiality. also requires individuals to avoid using AI in ways that
An organisation’s own website and social media The Charity Commission has updated its CC36
channels are ideal places to advertise such positions. guidance, How to make changes to your charity’s could cause harm or infringe intellectual property
Protecting professional titles Organisations may also wish to place adverts on governing document. This has been updated to clarify rights, among other things. The policy applies to all ICO
job boards such as Charityjobs, Escape the City and some legal requirements and improve usability. employees, secondees, and contractors, and sets out
I was recently asked for guidance regarding misuse of governance procedures for procuring or developing AI
Guardian Jobs (note that this is not an exhaustive list).
post-nominals by individuals on social media. Misuse of There is separate guidance for charitable companies, systems.
post-nominals is a matter that comes up regularly. My Another option would be to use a specialised recruiter Charitable Incorporated Organisations (CIO), Read more: ICO
colleague, Keith Lawrey, who many newsletter readers with expertise in sourcing candidates for senior roles. As unincorporated associations, and trusts. The updated
will know, wrote on the topic of misuse of post-nominals I am asked this question with some regularity, I would be guidance for charitable companies provides more detail
in a previous newsletter and I quote his excellent grateful for any other suggestions that members may about managing conflicts of interest, giving notice of or Changes resulting from the Data (Use and
guidance: have for platforms on which to advertise such vacancies, consulting on changes, and benefits to trustees. Access) Act 2025 (DUAA)
so that I can share these with Foundation member
“The position is clear in that societies by their Read the updated guidance: Charity Commission
organisations as appropriate. The DUAA amends several provisions in the UK GDPR,
constitutions have the power to grant certain
Data Protection Act 2018, and the Privacy and Electronic
membership descriptors and post-nominals to their Communications Regulations.
members who meet the necessary criteria including DCMS confirms charity audit threshold to rise to
undertaking to be bound by a code of professional £1.5 million in October 2026 From 19 June 2026, all organisations that control personal
conduct when practising the profession regulated by the data (including charities) must have a clear process
The Department for Culture, Media and Sport (DCMS)
society concerned. In effect, the society gives notice to in place for handling data complaints. Charities must
has confirmed that the audit threshold for charities in
the world that it will take legal action against any persons make it straightforward for people to understand how to
England and Wales will rise by 50% to £1.5m.
who hold themselves out as qualified members when make a data complaint. This process should be clearly
they are not. A society’s Charter or Articles of Association DCMS will also increase independent examination set out in a data protection complaints policy, referenced
gives ownership of the titles to the society, and any requirements from £25,000 to £40,000 to help alleviate in a privacy notice, and included in responses to
misuse is a holding out by the misusers of titles to which burdens on smaller charities. The new thresholds will be information rights requests such as Data Subject Access
they are not entitled. The fact that the society suffers no introduced from 1 October 2026. DCMS will work with the Requests.
Charity Commission to review guidance on independent
Read more: Bates Wells; Anthony Collins Solicitors
examination and on the digitalisation of charity
accounts. The changes follow a consultation earlier in
2025. New ICO guidance on ‘soft opt-in’ for charity
marketing email
Read more: Civil Society News
Visit our website! The ICO has issued new guidance confirming that the
‘soft opt-in’ marketing rule now applies to charities.
ICO publishes internal AI use policy as a guide for
Why not head down to our website and others harities no longer always need express consent to send
e-marketing, as long as certain conditions are met. The
read more news in our blog section? The Information Commissioner’s Office (ICO) has new rule only applies to contact details collected after 5
published its Internal AI Use Policy to assist others
February 2026.
considering how to embed AI within their own
Updated daily with hand-picked articles organisation. The charitable purposes soft opt-in allows a charity to
send electronic mail marketing without consent where
from around the web... The ICO policy outlines clear requirements for staff, which
the message furthers their charitable purposes, but only
include only using AI tools that have been approved
where all the following requirements are met:
institutionofelectronics.ac.uk for internal use, being transparent about when work
includes AI-generated content, and ensuring all outputs

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