The Information Commissioner’s Office (ICO) has published guidance for charities using new legal powers to contact supporters, which is predicted to enhance the sector’s fundraising capabilities.
Updated today, the ICO’s guidance on direct marketing using electronic mail now includes a new section on how to use “the charitable purposes soft opt-in”, introduced as part of the Data (Use and Access) Act 2025 on 5 February.
The change means that charities can now send electronic mail marketing about their charitable purposes without the recipient’s consent, provided that they meet certain requirements.
In its guidance published today, the ICO advises that soft opt-in rules generally apply when someone buys something from a charity but “not all purchases indicate support for your charitable purposes”.
“There will be situations where an interaction is clearly just transactional,” the guidance reads.
“Sometimes there will be no reasonable basis for you to conclude the person was providing support to further your charitable purposes. In these cases, you must not use the charitable purposes soft opt-in.”
The guidance, which follows a consultation last year that received over 140 responses, also includes examples and extra clarity in areas raised by respondents, such as how the provision applies to direct collections and the role of third parties.
New rules ‘can benefit both charities and supporters’
The Data & Marketing Association (DMA) previously estimated that extending the soft opt-in to charities could raise an extra £290m a year.
Announcing its updated guidance, the ICO said it should open up new fundraising and supporter engagement opportunities for the sector.
Emily Keaney, deputy commissioner, regulatory policy, at the ICO, said: “This is a positive step for a sector that does so much for this country, giving them more opportunities to connect with their supporters, build meaningful relationships and promote their work.
“We know how important clear, practical guidance is for the sector, and we’ve listened carefully to the feedback charities shared with us.
“Our guidance is designed to help organisations use the charitable purposes soft opt-in with confidence, while making sure people’s rights remain protected.
“Used correctly, this provision can benefit both charities and the individuals who choose to support them.”
The ICO said it has worked closely with the Fundraising Regulator and will continue to do so to help charities understand and apply the new rules.
Gerald Oppenheim, chief executive of the Fundraising Regulator, welcomed the new guidance, which he said provides “valuable” clarity for charities.
“Charities should familiarise themselves with the ICO’s guidance before deciding whether to make use of charitable purposes soft opt-in for their electronic direct fundraising marketing,” he said.
Oppenheim said the regulator is developing its own resource to complement the ICO’s guidance and help charities comply with the soft opt-in provision when used for fundraising marketing.
Separately, the ICO reminded all organisations including charities that they must have a process in place for handling data protection complaints by 19 June.
