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The Information Commissioner's Office (ICO) has published final guidance on the new ‘charitable purposes soft opt-in’ provision introduced by the Data (Use and Access) Act 2025.

The provision 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 to an organisation’s charitable purpose, without needing to obtain consent first, providing strict requirements have been met.

The new guidance sets out how charities can use the provision and the safeguards they need to put in place.

As a result of the change, new opportunities may open up for the sector, unlocking new fundraising and supporter engagement opportunities.

Emily Keaney, Deputy Commissioner, Regulatory Policy at the ICO, said: “Our guidance is designed to help organisations use the charitable purposes soft opt-in with confidence, while making sure people’s rights remain protected. Used correctly, this provision can benefit both charities and the individuals who choose to support them.

To review the guidance, see: https://ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/guidance-on-direct-marketing-using-electronic-mail/how-do-we-comply-with-the-pecr-electronic-mail-marketing-rules/#HowDoWeUseTheCharitablePurposesSoftOptIn