The Fundraising Regulator, with support from the Information Commissioner’s Office (ICO), has encouraged charities to prepare for new “soft opt-in” marketing rules being introduced.
Changes to direct marketing rules received royal assent last month as part of the Data (Use and Access) Act.
When the new laws are implemented in the coming months, charities will be allowed to send electronic communications to a person without their consent if certain conditions are met.
The Data & Marketing Association has estimated that the soft opt-in changes could increase annual donations by £290m while both the ICO and Fundraising Regulator have previously urged charities to be cautious.
Now, the Fundraising Regulator has urged charities to plan for the upcoming changes in its new guidance.
Charities must provide people with an opportunity to opt out at the time that their personal data is first collected, it said.
It advised that the changes will not apply to telephone marketing and will rely on the “legitimate interest” lawful basis for processing personal data under UK GDPR rules.
Charities urged to review processes
The Fundraising Regulator has recommended that all charities review their existing electronic mail marketing processes and make sure they can accurately record a person’s marketing preferences.
It urged charities to carry out a legitimate interests assessment to help decide whether using soft opt-in would be appropriate for their organisation.
Charities should train relevant staff, volunteers and contractors, it said, so they are all prepared for changes.
It added that further guidance for charities wishing to use soft-opt-in will soon be published on the ICO and Fundraising Regulator’s websites.
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