The Information Commissioner’s Office has finally published its full guidance on how charities can use the new data protection rules to boost their use of electronic marketing when engaging with supporters, nearly two months after it became law.
The change, which falls under the Data (Use & Access) Act, has been dubbed the ‘charitable purposes soft opt-in’ provision and actually came into force on February 5 2026. However, charities have so far been advised to proceed with caution amid fears of a guidance “black hole”.
The move, which it is claimed could benefit charities to the tune of £290m a year, is designed to bring third sector organisations into line with general businesses and provide more opportunities to stay in touch with supporters, helping them raise vital funds.
It means charities can send direct marketing by electronic mail, including emails, texts and direct messages on social media, to people who have expressed an interest in, or offered to support, an organisation’s charitable purpose, without needing to obtain consent first, providing strict requirements have been met.
The ICO has now updated its guidance on direct marketing using electronic mail which sets out how charities can use the provision and what safeguards must be in place.
The change is expected to open up new opportunities for the sector, giving charities a new way to engage with people who’ve already shown genuine interest or support for their work.
The guidance follows a consultation last year that received more than 140 responses, helping the ICO understand the breadth of the sector and the operational challenges charities face.
The final updated guidance includes anonymised examples and additional clarity in areas raised by respondents, including how the provision applies to direct collections and the role of third parties.
The ICO has worked closely with the Fundraising Regulator and the two organisations will continue to work together to help charities understand and apply the new rules.
ICO deputy commissioner of regulatory policy Emily Keaney 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.”
Fundraising Regulator chief executive Gerald Oppenheim added: “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.”
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