Data Law Change Relaxes Consent Rules for Charities
The Information Commissioner’s Office (ICO) has released final guidance on a significant change to charity marketing rules under the Data (Use and Access) Act 2025.
The new “charitable purposes soft opt-in” provision allows charities to send certain direct marketing communications without obtaining consent first — provided strict conditions are met.
For charities and non-profit organisations, the changes could create valuable new opportunities for fundraising and supporter engagement.
What Is the “Charitable Purposes Soft Opt-In”?
Under the new rules, charities may send direct marketing communications by:
- Text message
- Social media direct message
without needing prior consent from the recipient in some situations.
This applies where an individual has:
- Expressed an interest in the charity’s purpose, or
- Previously offered support to the organisation’s charitable aims
However, important safeguards still apply.
What Safeguards Must Charities Follow?
The ICO guidance makes clear that organisations must still comply with strict requirements when using the new provision.
This includes ensuring that:
- Communications are fair and transparent
- Individuals are clearly informed about how their data will be used
- People are given an easy way to opt out of future marketing
- Personal data is handled responsibly and securely
The aim is to balance greater flexibility for charities with continued protection of individuals’ privacy rights.
Why This Matters for Charities
The changes could help charities improve:
Supporter Engagement
Charities may find it easier to stay connected with people who have already shown interest in their work.
Fundraising Opportunities
Reducing barriers to communication could help organisations reach more supporters and increase fundraising effectiveness.
Digital Communication
The rules acknowledge the growing role of digital channels, including social media messaging, in charity engagement.
What Charities Should Do Now
If your organisation sends marketing or fundraising communications, now is a good time to:
Review Your Current Processes
Check how supporter data is currently collected and managed.
Update Privacy Notices
Ensure your communications clearly explain how personal data may be used.
Review Opt-Out Procedures
People must still be able to unsubscribe or opt out easily.
Train Staff and Volunteers
Anyone involved in communications or fundraising should understand the updated rules.
ICO Guidance and Compliance
The ICO has emphasised that the new rules should be used responsibly.
According to Emily Keaney, the guidance is intended to help charities use the provision confidently while protecting individuals’ rights.
Organisations that fail to follow the safeguards could still face complaints or enforcement action.
Final Thoughts
The new charitable purposes soft opt-in provision represents an important shift in charity marketing and supporter communications.
For charities, it may open up new ways to engage supporters and strengthen fundraising activity — but compliance with data protection obligations remains essential.
If your charity would like help understanding how these changes affect your organisation, we would be happy to help.
📞 01527 368220
📧 info@ojwassociates.co.uk
