The Fundraising Regulator has published information on what charities should know about the new rules for charity direct marketing after the Data (Use and Access) Act received Royal Assent on 19th June 2025.
When the relevant part of the Act commences, charities will be able to send direct marketing using electronic mail (emails, texts, and social media messages) to people who either express an interest in or offer to provide support to their charity, without needing the person’s consent first. The UK Government will phase in the implementation of the Data (Use and Access) Act meaning ‘soft opt-in’ for charities cannot be used until that part of the Act commences, which will potentially happen in the coming months.
This so-called ‘soft opt-in’ option is expected to benefit charities by enabling more contact with supporters, and therefore potentially more fundraising opportunities. It will only apply to direct marketing using electronical mail – not telephone marketing – and rely on the ‘legitimate interest’ lawful basis for processing personal data under the UK GDPR.
It will not be possible for charities to offer the opt-out to people already on their database as it cannot be applied retrospectively. One of the requirements for ‘soft opt-in’ includes providing people with an opportunity to opt-out at the time that their personal data is first collected. In order to use ‘soft opt-in’, all the legal requitements for charity ‘soft opt-in’ will need to be met to use it.
Although ‘soft opt-in’ for charities hasn’t yet started, now is a good time to start planning ahead. Charities are encouraged to use the coming months to think about whether ‘soft opt-in’ is right for them, and if so, they should start to prepare by:
- Reviewing their existing electronic mail marketing processes and make sure they can accurately record a person’s marketing preferences.
- Carrying out a legitmate interests assessment to help decide whether ‘soft opt-in’ would be appropriate for their charity.
- Making plans to train relevant staff, volunteers and contractors so they are all prepared for ‘soft opt-in’, if it is to be used.
- Keeping up to date with the ICO and Fundraising Regulator’s websites, where guidance will be available soon to support charities wishing to use ‘soft opt-in’.
- Signing up to our newsletter to also keep up to date when they issue this guidance.
The Information Commissioner’s Office (ICO), which is the UK’s data protection regulator, supports the information shared here. Charities can find details about the Data Use and Access Act 2025 and when to expect guidance on the ICO’s website.
