ICO publishes final guidance on charitable purposes soft opt-in as data law change takes effect

The Information Commissioner's Office has published its finalised guidance on the "charitable purposes soft opt-in", a new provision under the Data (Use and Access) Act 2025 that gives charities greater flexibility to contact supporters by electronic mail without first obtaining their consent.

The change, which came into force on 5 February 2026, means that 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, provided strict requirements are met.

The ICO published the final guidance on 28 April 2026, alongside updated guidance on direct marketing using electronic mail more broadly.

Under the Privacy and Electronic Communications Regulations 2003 (PECR), a "soft opt-in" exemption has long permitted commercial organisations to send electronic marketing to existing customers about similar goods or services without prior consent. The Data (Use and Access) Act 2025 extends this mechanism to charities, allowing them to contact people who have expressed interest in or offered to support a charity without needing their prior consent for marketing, providing they meet the necessary requirements.

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.

The final updated guidance includes anonymised examples and additional clarity in areas raised by respondents to last year's consultation (which received more than 140 responses) including how the provision applies to direct collections and the role of third parties.

The ICO takes a broad approach to what constitutes "expressing an interest" in a charity's purposes. The proposed approach suggests that if someone actively engages with a charity, they are likely to be expressing an interest, including someone signing up to a newsletter, signing up to a charity website, and even merely requesting information about a charity's charitable purposes. Similarly, someone "offering or providing support" covers a wide range of activities such as donating to a charity or volunteering.

Key requirements and safeguards
Organisations wishing to rely on the provision must observe several strict conditions. Charities must ensure people are offered clear opportunities to opt out when their personal information is first collected and in every communication they send. Crucially, the ICO has clarified that charities must not use the charitable-purpose soft opt-in to contact people whose details were collected before the new rule commenced.

The most appropriate legal basis under Article 6 of the UK GDPR for processing personal data using the soft opt-in exemption is legitimate interests, meaning charities should carry out a legitimate interests assessment to balance their interests against the impact on individual rights and freedoms.

Even where all the requirements are met, charities are reminded to consider whether it is appropriate to send marketing in a given case. Where contact details were obtained when someone was accessing a crisis intervention service, for example, subsequently sending them direct marketing could result in harm.

Emily Keaney, Deputy Commissioner for Regulatory Policy at the ICO, described the development as a positive step, adding that the guidance is designed to help organisations use the provision with confidence while ensuring that individuals' rights remain protected.

Gerald Oppenheim, Chief Executive of the Fundraising Regulator, welcomed the guidance, saying it provides valuable clarity for charities about how they may legally use the new soft opt-in provision and encouraging charities to familiarise themselves with it before deciding whether to make use of it. The Fundraising Regulator confirmed it is developing a further resource to complement the ICO's guidance specifically in the context of fundraising marketing.