European philanthropy sector pushes back on proposed Dutch law requiring disclosure of donor information
Brussels, 26 February 2019 – Responding to the recently proposed act on transparency of civil society organisations in the Netherlands, the EFC and DAFNE have filed a joint contribution to the online consultation on the law, raising several concerns. The law proposal suggests that civil society organisations would be required to report on their websites not only the amount of donations of €15,000 or higher, but also the name and residence of the donors.
The joint EFC-DAFNE contribution to the consultation explains how the draft law potentially:
- is in conflict with human rights and EU law,
- is not in line with the overall environment for philanthropy in Europe,
- puts at risk the status of the Netherlands as a philanthropy-friendly country,
- would have a significant chilling effect on donors and philanthropy in Europe.
The contribution puts this national-level law proposal into a European context, by examining it in light of practice and laws in other countries, as well as established European standards and rules. Working closely with some Dutch EFC members and FIN, the national-level association of foundations in the Netherlands, the EFC and DAFNE have gathered comparative data that confirms that public disclosure of donor information is generally not required in a European comparative context.
Additionally, the EFC and DAFNE have collaborated with other legal experts, in particular ECNL (The European Center for Not-for-Profit Law), to analyse the draft law from a human rights and EU law perspective.
The contribution emphasises that this law would affect the work of funders and donors both in and outside the Netherlands and would have a wider impact on European philanthropy and civil society by potentially setting a precedent that other Member States might follow.
The EFC and DAFNE will follow developments closely on this matter as part of their joint initiative DAFNE-EFC Philanthropy Advocacy, which works towards a “Single Market for Philanthropy” in Europe. The initiative focuses on four key asks of EU policymakers: 1) Recognise philanthropy; 2) Reduce barriers to cross-border philanthropy; 3) Enable and protect philanthropy; and 4) Co-grant and co-invest for public good and civil society.
Links to contributions to the online consultation:
ECNL (The European Center for Not-for-Profit Law) contribution
About Donors and Foundations Networks in Europe (DAFNE)
DAFNE is Europe’s only network of donors and foundations associations. DAFNE is a leading voice of European donors and foundations with 27 member associations and a collective membership of more than 10,000 donors, foundations and grant-makers. DAFNE underpins individual activities of its members by encouraging dialogue and collaboration between the national associations. DAFNE is a member of WINGS, an associate partner of OECD netFWD and an active supporter of #NextPhilanthropy. DAFNE is running jointly with EFC the “Philanthropy Advocacy” project.
About the European Foundation Centre (EFC)
As a leading platform for philanthropy in Europe, the EFC works to strengthen the sector and make the case for institutional philanthropy as a formidable means of effecting change. We believe institutional philanthropy has a unique, crucial and timely role to play in meeting the critical challenges societies face. More people and causes benefit from institutional philanthropy than ever before, from eradicating deadly diseases and making the world’s populations healthier to combating climate change and fighting for global human rights and equality. Working in close collaboration with our members, a dynamic network of strategically-minded philanthropic organisations from more than 30 countries, we:
- Foster peer-learning by surfacing the expertise and experience embedded in the sector
- Enhance collaboration by connecting people for inspiration and joint action
- Advocate for favourable policy and regulatory environments for philanthropy
- Build a solid evidence base through knowledge and intelligence
- Raise the visibility of philanthropy’s value and impact
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