The Information Commissioner’s Office (ICO) has launched a consultation on new rules that could significantly impact how charities engage with supporters through electronic marketing.
The new rules set to come into effect in January 2026 will enable charities to use a new ‘charitable purpose soft opt-in’, which will mean marketing emails and texts can be sent to individuals who have shown interest in their work, without prior explicit consent.
Under current UK data protection law, organisations must obtain explicit consent before sending direct marketing communications. The soft opt-in expectation was previously only applicable to commercial entities. The new rules extend an exception to charities and will be included in regulation 22(3A) of the Privacy and Electronic Communications Regulations (2003).
It is hoped that extending the exception will allow charities to:
- Send direct marketing emails and texts to individuals who have expressed interest in supporting the charity, such as signing up for an event or making a donation;
- Engage supporters more easily, without needing prior-opted in consent for each marketing communication; and
- Boost fundraising efforts by maintaining contact with potential donors and volunteers.
In advance of the exception being extended to charities, the charities should prepare themselves to implement the new rule.
If, as a charity, you intend to use the ‘charitable purpose soft opt-in’, you will need to update policies and privacy notices to inform people how you will use their personal information.
Other considerations include considering how you will explain the ‘charities purpose soft opt-in’ when you first collect contact details. Be careful that you do not use the soft opt-in to send electronic marketing to people’s contact details that you already hold before it commences in January 2026. You should also be taking the steps to train staff and respond to enquiries or complaints quickly.
It is important to note that you must always offer an opt-out at the time when you first collect someone’s contact details and on every correspondence you send.
If you are unsure about the new rules and how they will apply to you, or how to implement them in a way that you can comply with and benefit from the new rules, then take the steps to seek advice on this before implementing them within your organisation.
How can we help?
Faye Dunkley is an Associate in our expert Dispute Resolution team, specialising in inheritance and Court of Protection disputes.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Faye or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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