Charities & Social Enterprise
Acting for over 10% of Scotland’s 300 largest charities, our Charities & Social Enterprise team has a deep understanding of the specific challenges facing the third sector.
Recognised by Chambers UK Guide to the Legal Profession and the Legal 500 as experts in providing legal advice to charities, we are known for working with service-driven charities on regulatory matters. Our team is skilled in advising on governance matters and regularly works with our clients on relationships amongst board members, management and stakeholders. We remain heavily involved in developing and advising on evolving structures between the public and third sectors, drawing upon combined team specialisms of public law and procurement, grants, tax, IPR and data protection in addition to base charity law and charity regulation.
We have seen growth in our involvement in high-profile charity regulatory and governance matters, key board agenda items such as data protection compliance, fundraising regulation and safeguarding, and complex charity structuring involving detailed inputs on all aspects of tax law.
Our international charity client base and our social enterprise sphere is also growing, both as legal advisors and as facilitators. In 2018, Duncan Osler and Robin Fallas hosted social enterprise and public body leaders for ground-breaking talks on expanding partnerships and ideas. We have a dedicated focus on social care and service-driven organisations, areas in which our team’s practical approach and in-depth sector knowledge is welcomed by clients.
Key areas of work include:
- Charitable Trusts
- Charity and social enterprise establishment, structuring and restructuring
- Regulatory advice for charities and the third sector
- Tax advice for charities and the third sector
- Charity fundraising regulation
- All aspects of charity and third sector governance
- Collaborations and all aspects of contracting
- Trading/Enterprise/Community Renewables
- All aspects of property and IP
- Data protection compliance for the third sector
- Marketing and communicating with the public, service users and donors
- International and domestic charity and social enterprise establishment and structuring
- Pensions and employment
- Risk management and safeguarding
- Social media and digital platforms for the third sector
- Trustee training and legal compliance/governance reviews
Some of our recent work
Advised Greenpeace Nordic on their cross-jurisdiction GDPR compliance project including extensive data protection advice across each of their business functions and provided co-ordinated territory-specific advice where necessary.
We advised Leeds Cares throughout 2018 on a range of governance matters relating to the charity’s service provision. GDPR compliance was a key aspect and of particular importance with personal data being essential to the charity’s fundraising purposes and provision of its services.
Provided advice on matters surrounding children and consent, international transfers of information to host-countries, appointment of data protection officers and the review of draft documents prepared by the Trust.
We advise CEIS in relation to all its legal requirements. Recent work has included corporate structuring and charity regulation considerations, funding arrangements, including EU funding considerations and GDPR.
We assisted Scottish Ensemble to ensure that it had appropriate contracts, consent requests and privacy notices in place for the lawful sharing of personal data.
We provide a wide range of legal services to ENABLE Scotland including specialist employment and compliance & regulatory advice, as well as charity law, property and data protection.