ICO Launches New Guidance for Charities: The Soft Opt-In for Electronic Marketing

A significant and broadly welcome change came into force on 5 February 2026 when the Data (Use and Access) Act 2025 introduced a new charitable purposes soft opt-in for electronic marketing.

The Information Commissioner's Office (ICO) published its final guidance on the provision on 28 April 2026, giving charities the detailed framework they need to use this option within their marketing and fundraising campaigns.

Previously, charities could only send marketing emails, texts and direct messages to supporters if those supporters had specifically consented to receive them.

Commercial businesses were already permitted to use a soft opt-in, where they can contact customers who had purchased from them without explicit consent, but charities were excluded from this route.

However, the ICO's new guidance addresses that disparity and provides charities with their own soft opt-in approach.

What the charitable purposes soft opt-in allows

Under the charitable purposes soft opt-in, charities can now send direct electronic marketing to individuals without obtaining prior consent, provided all of the following conditions are met:

• The recipient's contact details were collected directly by the charity on or after 5 February 2026.
• The details were obtained while the person was expressing an interest in, or offering or providing support for, the charity's charitable purposes. This includes donors, volunteers and those who have asked for information about the charity's work.
• The marketing is solely for the purpose of furthering the charity's own charitable purposes, such as fundraising appeals, event invitations, volunteer recruitment and similar activities. It cannot be used to promote third parties, other charities, or to sell products.
• The individual was given a clear, simple and prominent opportunity to opt out at the point their details were collected, and opt-out opportunities are included in every subsequent communication.

Important limitations to understand

The ICO's guidance contains several important practical constraints that charities will need to navigate carefully:

• The soft opt-in cannot be applied retrospectively. It only applies to contact details collected on or after 5 February 2026. Pre-existing supporter lists still require explicit consent.
• Contact details must be obtained directly by the charity. Third-party lists, even from closely connected organisations such as trading subsidiaries, cannot be used.
• Charitable and commercial marketing must be kept separate. A fundraising email using the charitable soft opt-in cannot also include promotions for merchandise; these require separate communications relying on separate opt-in bases.
• Re-engagement is possible: if a supporter who donated before February 2026 makes a further donation after that date and is presented with the appropriate opt-out wording, the charity can then rely on the charitable soft opt-in going forward.

Steps charities should take now

Charities that wish to take advantage of the new provision should take the following practical steps:

• Web forms, event sign-up pages, donation platforms and volunteer processes should include a clear, prominent opt-out statement from the point of collection.
• Privacy notices need to be updated to explain that the charity may contact individuals based on their interest in its charitable purposes and to highlight the right to opt out.
• Email templates should be updated to include clear and prominent opt-out language in every communication.
• Separate preference management should be built for supporters contacted under the charitable soft opt-in versus the commercial soft opt-in, so that opt-outs are correctly recorded and respected.

The Fundraising Regulator is developing complementary guidance, which charities should also review once published.

A new opportunity for charity marketing

The charitable purposes soft opt-in is a genuinely useful new tool for many charities, but it comes with meaningful compliance obligations.

An opt-out buried in a privacy policy is not sufficient. Charities should review the ICO's latest guidance carefully and, where needed, seek advice on implementation.

How can we help

Implementing the new soft opt-in correctly involves coordinated changes across marketing, governance and compliance processes, and getting the detail wrong can undermine supporter trust.

If you would like to discuss how the new soft opt-in guidance affects your charity, our team would be happy to help.

Subscribe to our Charity updates

Our specialists regularly share insights, guidance and practical updates to help organisations navigate change with confidence. If you'd like to receive future charity related updates from our team, you can sign up here.

FAQs