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Donor Confidentiality Agreement for the United States

Donor Confidentiality Agreement Template for United States

A legally binding agreement used in the United States to protect the confidentiality of donor information, including personal details, financial information, and donation history. This document establishes the obligations of nonprofit organizations to maintain donor privacy, outlines permitted uses of donor information, and ensures compliance with federal and state privacy laws governing charitable organizations.

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Donor Confidentiality Agreement

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What is a Donor Confidentiality Agreement?

The Donor Confidentiality Agreement is essential for nonprofit organizations operating in the United States that wish to formalize their commitment to protecting donor privacy. This document has become increasingly important due to enhanced privacy regulations and donors' growing concerns about information security. The agreement typically covers the handling of sensitive information such as donation amounts, personal contact details, financial records, and correspondence. It helps organizations maintain trust with their donors while ensuring compliance with IRS requirements and state-specific privacy laws.

What sections should be included in a Donor Confidentiality Agreement?

1. Parties: Identification of the nonprofit organization and the donor

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

3. Definitions: Key terms including 'Confidential Information', 'Permitted Uses', 'Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information

5. Confidentiality Obligations: Core obligations regarding protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Term and Termination: Duration of agreement and termination provisions

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

1. Data Protection Measures: Specific security measures for protecting donor information when handling significant amounts of digital data

2. International Transfer Provisions: Rules for transferring donor information across borders when organization operates internationally

3. Breach Notification Procedures: Specific steps in case of data breach, included when required by applicable state laws

What schedules should be included in a Donor Confidentiality Agreement?

1. Schedule A - Categories of Confidential Information: Detailed list of types of confidential information covered

2. Schedule B - Approved Security Measures: Specific security protocols and requirements

3. Schedule C - Authorized Representatives: List of personnel authorized to access confidential information

Authors

Alex Denne

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

Jurisdiction

United States

Cost

Free to use
Clauses

























Industries

IRC 501(c)(3): Internal Revenue Code requirements for charitable organizations, governing tax-exempt status and reporting obligations

IRC Section 6104: Internal Revenue Code section regarding disclosure requirements for tax-exempt organizations and their donors

Pension Protection Act 2006: Federal legislation containing specific provisions regarding donor advised funds and their administration

Privacy Act 1974: Federal law establishing code of fair information practices governing the collection, maintenance, use, and dissemination of personal information

State Privacy Laws: Various state-specific privacy laws that may affect donor information handling and protection requirements

CCPA: California Consumer Privacy Act - specific requirements for handling personal information of California residents

State Charitable Laws: State-specific requirements for charitable solicitation registration and donor protection regulations

State Data Breach Laws: State-specific requirements for notification and handling of data breaches involving donor information

ESIGN Act: Federal law governing electronic signatures and their validity in agreements

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law containing provisions affecting donor verification and financial transaction reporting

AFP Code of Ethics: Association of Fundraising Professionals ethical guidelines for dealing with donors and their information

Donor Bill of Rights: Industry standard document outlining fundamental rights of donors including privacy and confidentiality expectations

National Council of Nonprofits Guidelines: Best practices and guidelines for nonprofit organizations in handling donor relationships and information

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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