Charities are being urged to join a consultation on how they can use new data protection rules that allow greater use of electronic marketing when engaging with supporters.
In January 2026, changes under the Data (Use & Access) Act will enable charities to use a new ‘soft opt-in’. This change will allow them to send direct marketing electronic mail messages, such as emails and texts, to people who have expressed interest in or offered to support a charity without needing their prior consent for marketing providing they meet the necessary requirements.
The change, which could benefit charities to the tune of £290m a year, according to an analysis by Wood for Trees, is designed to give third sector organisations more opportunities to stay in touch with supporters, helping them raise vital funds.
However, it will not apply to people already on existing databases. The ICO insists charities must ensure people are offered clear opportunities to opt out when their personal information is first collected and in every communication they send.
The consultation is seeking the views of charities and those working in the third sector on its approach to support charities in using ‘charitable purpose soft opt-in’. The consultation will be open from October 16 until November 27.
ICO deputy commissioner for regulatory policy Emily Keaney said: “Charites play such an important role in our communities, and we know how important fundraising is for charities to continue their vital work. 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.”
Fundraising Regulator head of policy Paul Winyard added: “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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