The Information Commissioner’s Office (ICO) has opened a consultation on its guidance for how charities can use new rules that allow greater use of electronic marketing when engaging with supporters.
From January, charities will be able to send direct marketing emails and texts to people who have shown interest in their organisation without prior consent, providing they meet necessary requirements.
These “charitable purpose soft opt-in” powers, introduced as part of the Data (Use and Access) Act 2025, are intended to help charities to stay in touch with supporters but they will not apply to people on existing databases.
Charities have been instructed to ensure supporters are offered clear opportunities to opt out when their personal information is first collected and in every communication they send.
The ICO, whose consultation runs from today until 27 November, is seeking charities’ views on its approach to supporting the sector’s compliant use of the new powers.
Emily Keaney, the ICO’s deputy commissioner, regulatory policy, said: “The ‘charitable purpose soft opt-in’ is 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.
“We want to hear directly from charities and those in the third sector through this consultation so we can make sure our guidance is clear, practical and supports charities in the best way possible to make the most of these changes.”
Charities advised to prepare
Last year, the Data & Marketing Association estimated that a charitable purpose soft opt-in could increase annual donations by an estimated £290m.
Charities have been advised by the ICO and Fundraising Regulator to prepare for the changes by updating their privacy notices to tell people about how they will use their personal information.
They have been told to keep separate lists of people who have given their consent to electronic mail marketing and those who will be sent emails using the charitable purpose soft opt-in.
Charities have also been advised to consider how they will explain the soft opt-in to supporters and to train staff how to respond to queries and complaints from people about the electronic mail marketing they are receiving.
Paul Winyard, head of policy at the Fundraising Regulator, said: “The introduction of the charitable purpose soft opt-in represents a welcome opportunity for UK charities to strengthen connections with supporters and raise much-needed funds.
“Clear, practical and accessible guidance will help ensure the new provision is used legally and responsibly to ensure the public trust and confidence that all charities rely on is maintained.
“We encourage charitable fundraising organisations to respond to the consultation so that the new guidance is shaped by the real-world experience of the people that will use it.”
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