Consultation opens on new charity marketing rules

The Information Commissioner's Office is seeking feedback on the new soft opt-in for electronic marketing

The Information Commissioner's Office (ICO) has launched a consultation on its proposed approach to the new ‘charitable purpose soft opt-in’ rules, which will come into effect in January 2026 under the Data (Use and Access) Act.

What’s changing?

The new rules will allow charities to send direct electronic marketing, such as emails and texts, to individuals who have shown interest in or offered support, without prior consent, provided specific conditions are met. 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. 

What charities can do now

Charities can begin preparations by:

• Updating privacy notices to reflect the intended use of personal data under the soft opt-in.
• Clarifying messaging when collecting contact details and explaining why recipients are receiving communications.
• Maintaining separate contact lists for those who have given consent and those contacted under the soft opt-in.
• Training staff to handle queries and complaints related to electronic marketing.

Opt-out options must be provided when you first collect someone’s contact details and in all future correspondence.

How to share your views

The ICO invites feedback from charities and third sector organisations.

Access the consultation on the new electronic mail marketing rules.

The consultation is open until Thursday 27 November 2025.

First published 21 October 2025