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

The change gives charities greater flexibility when communicating with supporters by electronic mail, including emails, text messages and direct messages through social media platforms.

Under the new provision, charities may be able to send direct marketing communications without obtaining prior consent, where an individual has expressed an interest in, or offered support for, the organisation’s charitable purposes and provided the required statutory conditions have been met. These include giving individuals a clear opportunity to opt out when their contact details are collected and an easy opt out in every subsequent marketing communication.

The ICO’s guidance sets out how charities can apply the charitable purposes soft opt-in and the safeguards that must be in place to use it appropriately.

For many organisations across the sector, the change could create new opportunities to strengthen supporter engagement and fundraising activity while operating within the legal framework.

Commenting on the guidance, 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.”

Charities considering how the new rules may apply to their communications and fundraising activities should review the guidance carefully to ensure the relevant requirements are met.
The full guidance is available from the ICO.