Since General Data Protection Regulation came into force on 25 May 2018, issues around compliance with fundraising communications have been challenging. Unsure of what the correct protocol should be, some charities played it so safe that new donor acquisition ground to a halt. Others muddled through. Some got it right but with a healthy dose of frustration.
However, help has arrived. As of 5 February 2026, the Data (Use and Access) Act 2025 allows charities to send direct marketing electronic mail messages, such as emails and texts, to people who have expressed interest in or offered to support a charity without needing their prior consent for marketing, providing they meet the necessary requirements. This soft opt-in option should oil the mechanisms of new donor acquisition and widen potential audiences. Charities can now reach out to people who have engaged with them previously, aiding in fundraising and volunteer recruitment. It also enables more effective digital communication, reducing the administrative burden of obtaining explicit opt-ins for every communication channel.
However, it’s not a free-for-all and every fundraiser must pay mind to the “meet the necessary requirements” clause. Charities still need to run their checks and balances, update privacy policies, and keep data fresh and clean. The new law can’t be applied retrospectively, so there are issues about expiry of historical data and renewing consent. And customer relationship management systems need to be fit for purpose.
Still, it’s a much-needed boost, at a time when much-needed boosts are few and far between. As Shaf Mansour, head of product – charity at Access NFP, says in this issue’s cover feature: “For many charities, this is a chance to re-engage lapsed supporters and take a fresh look at their data. Not just whether they can contact someone, but whether they truly understand that person’s relationship with the charity.”
Stephen Cotterill is editor of Fundraising Magazine
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