Consultation on new ‘charitable purpose soft opt-in’ rules to support fundraising

Today we've launched a consultation on our approach to how charities can use new rules that allow greater use of electronic marketing when engaging with supporters. 

In January 2026, changes under the Data (Use and Access) Act will enable charities to use a new ‘charitable purpose soft opt-in’. This change will allow charities to send direct marketing electronic mail messages, such as emails and texts, to 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 change is designed to give charities more opportunities to stay in touch with supporters, helping them raise vital funds. However, it will not apply to people already on existing databases. Charities must ensure people are offered clear opportunities to opt out when their personal information is first collected and in every communication they send. 

Our consultation is seeking the views of charities and those working in the third sector on its approach to support charities in using ‘charitable purpose soft opt-in’. The consultation will be open from 16 October until 27 November and can be accessed here.  

Emily Keaney, Deputy Commissioner, Regulatory Policy at the Information Commissioner's Office, said: 

“Charites play such an important role in our communities, and we know how important fundraising is for charities to continue their vital work. The ‘charitable purpose soft opt-in’ is intended to help charities stay connected with the people who want to support them, while still making sure everyone has control over how their data is used. 

“We want to hear directly from charities and those in the third sector through this consultation so we can make sure our guidance is clear, practical and supports charities in the best way possible to make the most of these changes.” 

Paul Winyard, Head of Policy at the Fundraising Regulator, said: 

 “The introduction of the charitable purpose soft opt-in represents a welcome opportunity for UK charities to strengthen connections with supporters and raise much needed funds. Clear, practical and accessible guidance will help ensure the new provision is used legally and responsibly to ensure the public trust and confidence that all charities rely on is maintained. We encourage charitable fundraising organisations to respond to the consultation so that the new guidance is shaped by the real-world experience of the people that will use it.” 

What charities can do now 

We know that charities will want to begin preparing to use ‘charitable purpose soft opt-in’ as soon as possible. Here are some tips on what the charity sector can do to get ready: 

• If you intend to use the charitable purpose soft opt-in, you must update your privacy notice to tell people about how you will use their personal information.  
• Consider how you will explain the charitable purpose soft opt-in to someone when you first collect their contact details, and how you will explain to people why they are receiving marketing communications from your charity. 
• You must not use the charitable purpose soft opt-in to send electronic mail marketing to people whose contact details you’ve collected before it commences. When it commences, you should keep separate lists of people who have given their consent to electronic mail marketing and people who will be sent it using the charitable purpose soft opt-in. 
• Train staff how to respond to queries and complaints from people about the electronic mail marketing they’re receiving. 

Remember, you must always offer an opt-out at the time when you first collect someone’s contact details and on every correspondence you send.