Change to data law enables charities to email, text and message supporters without prior consent.
A change to the law is expected to open up a wealth of opportunities for charities to fundraise for good causes. Where certain requirements are met, charities can now communicate with people without needing to ask them first.
The ‘charitable purposes soft opt in’ came into force on February 5, as part of the Data (Use and Access) Act 2025. Now the Information Commissioner’s Office (ICO) – the non-departmental body tasked with upholding information rights in the public interest – has published its final guidance on the new measures. This will help charities to understand and apply the new rules.
The change to the law means that, subject to strict conditions, charities can send direct marketing via electronic mail, which includes emails, texts and direct messages on social media, to people who have expressed an interest in or offered to support the organisation’s charitable purpose, without first needing to obtain consent.
The guidance sets out how charities can use this provision and what safeguards must be in place.
In preparing the new guidance, the ICO worked closely with the independent Fundraising Regulator. Last year, the ICO also ran a public consultation to better understand the breadth of the charitable sector and the operational challenges it faces, and received more than 140 responses. The final guidance additional clarity on areas of concern raised by respondents, such as how the provision applies to direct collections and the role of third parties. There are also anonymised examples.
Emily Keaney, Deputy Commissioner or Regulatory Policy at the ICO, say: ‘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.’
Gerald Oppenheim, Chief Executive of the Fundraising Regulator, adds: ‘We welcome the ICO’s new guidance on direct electronic marketing. Following the much-awaited introduction of charitable purposes soft opt-in in February 2026, this guidance provides valuable clarity for charities about how they may legally use the new soft opt-in provision, where it would be appropriate for them, their supporters and their cause.
‘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 purposes. The Fundraising Regulator is currently developing a new resource which will complement the ICO’s guidance to help charities comply with the new charitable purposes soft opt-in provision when used for fundraising marketing.’
Image: micheile henderson/UnSplash
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