The Data (Use and Access) Act 2025 is changing the way in which charities will be able to contact supporters. Once this section of the Act is in force (which is expected before the end of 2025), it will amend the Privacy & Electronic Communications Regulations 2003 (“PECR”) to extend the ‘soft opt-in’ exemption to charities so that they can contact people who have supported or expressed an interest in the charity’s work by e-mail and text message without consent as long as certain rules are followed.
The Direct Marketing Association has predicted that this change will lead to an extra £290 million donations per year to charity. It is a great opportunity for charities to raise additional funds and inform a wider range of people about their work. Its use will however need to be managed carefully and in-line with PECR, the UK GDPR and regulatory guidance from the ICO, Fundraising Regulator and Charity Commission. It is therefore important to understand how it can be used appropriately and compliantly.
In this session we will:
- Provide an overview of the rules governing direct marketing by charities, including PECR, the UK GDPR, ICO guidance and the Code of Fundraising Practice.
- Take a detailed look at the new soft opt-in exemption for charities and how it should be applied.
- Provide guidance on which supporters it can be used with and how databases and marketing preferences should be managed in practice.
- Discuss how to carry out a legitimate interest assessment for using personal data to send marketing and fundraising communications.
- Run through case studies of how the soft opt-in may be used in different scenarios.
If you’d like to discuss bespoke training for your organisation, please get in touch with Hannah Lyons.