Caution has been urged as new “soft opt-in” rules, which will allow charities to make greater use of e-marketing when engaging with supporters, come into force today.
Members of the public previously had to consent to their details being used by charities for direct marketing when their data was collected.
In contrast, commercial businesses have been able to use “soft opt-in” rules to send electronic marketing communications to a person without their consent if their details were collected during the sale of a product or service.
After lobbying by the Data & Marketing Association (DMA), charities will now be able to contact people in the same way businesses can as part of the Data (Use and Access) Act 2025.
The changes have been hailed by the DMA, which has estimated they could increase annual donations to charities by around £290m.
However, despite the rules coming into force today, regulators and sector bodies have warned charities to use their extended powers with caution until further guidance is published.
ICO guidance expected
The Information Commissioner’s Office (ICO) ran a consultation in late 2025 on its guidance for how charities should comply with the new soft opt-in rules.
At the time, Emily Keaney, the ICO’s deputy commissioner, regulatory policy, said the rules were “intended to help charities stay connected with the people who want to support them, while still making sure everyone has control over how their data is used”.
The ICO is understood to still be reviewing the responses to the consultation and is yet to publish a final draft of its guidance.
Writing on LinkedIn this week, Claire Stanley, director of policy and communications at the Chartered Institute of Fundraising, said: “While there are questions around the guidance - particularly around third party collection of donor details - I would urge caution in using soft opt-in immediately.
“The Chartered Institute of Fundraising will work closely with the Fundraising Regulator to develop sector-specific guidance as soon as we have clarity on the ICO's guidance.”
The Fundraising Regulator urged similar caution in a statement on its website published today, saying: “Until the ICO publishes its guidance, it is uncertain how soft opt-in will apply in practice to charities, particularly in more complex situations.
“We strongly advise charities to approach the use of soft opt-in now with caution until ICO guidance is available.
“This is to avoid inadvertently using the provision unlawfully and being in breach of the Code of Fundraising Practice.”
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