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New electronic marketing rules for charities – the ‘charitable purpose soft opt-in’

The Data (Use and Access) Act 2025, came into effect on 5th February 2026, introducing a new “charitable purpose soft opt-in” to the Privacy and Electronic Communications Regulations 2003 (PECR).

This allows registered charities to send marketing emails and texts to existing supporters without explicit opt-in consent, provided certain conditions are met.

When can it be used?

The soft opt-in applies only if:

  • The sole purpose of your direct marketing is to further one or more of your charitable purposes.
  • You obtained the contact details directly from the recipient.
  • You did so in the course of the recipient:
    • expressing an interest in one or more of your charitable purposes; or
    • offering or providing support to further one or more of your charitable purposes.
  • You gave an opportunity to refuse or opt out when you collected the details.
  • You give an opportunity to refuse or opt out in every subsequent communication.

You must not rely on the charitable purpose soft opt-in to send electronic marketing to people whose contact details were collected before it came into effect.

Historically, charities have relied on consent rather than soft opt-in for direct marketing. This means you’re unlikely to have offered an opt-out at the point you collected those contact details.

Who does it apply to?

This provision applies only to registered charities, not to all non-profit organisations.

There is no requirement for charities to use the charitable purpose soft opt-in. You may decide to retain a consent-based approach, or to apply the exemption only in specific situations.

Why it matters

The change brings charity marketing rules more closely in line with the commercial “soft opt-in”. It is intended to help charities engage more effectively with existing supporters and strengthen fundraising activity.

Further guidance is available from the ICO:
 https://ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/the-charitable-purpose-soft-opt-in/