Why the Data (Use and Access) Bill leaves arts and cultural fundraisers facing the same PECR hurdles
Charities in the UK’s arts and cultural sector should take note: the proposed Data (Use and Access) Bill, introduced in late 2024, does not change existing email consent rules for charities. Despite early hopes, the Bill does not extend the Privacy and Electronic Communication Regulation (PECR) soft opt-in to cover charitable fundraising.
That means arts and cultural organisations must continue to obtain explicit consent before sending marketing emails or texts. The soft opt-in remains limited to businesses with a transactional customer relationship—leaving charities outside its scope.
For fundraisers relying on digital outreach to re-engage donors or promote events, this is a missed opportunity. While the Bill promotes innovation and data sharing across sectors, it offers no new flexibility for fundraising communications. The email consent rules for charities remain unchanged, and the compliance burden continues.
This reinforces the need for robust consent-gathering processes. Charities must ensure that every donor has actively opted in to receive marketing communications. That includes clear opt-in language, transparent privacy notices, and a record of consent that can be audited if needed.
If your organisation uses email to promote events, share impact stories, or encourage repeat donations, now is the time to review your approach. The email consent rules for charities are not softening—and non-compliance risks reputational damage as well as regulatory action.
Stay compliant by reviewing your consent processes and ensuring all donor communications meet current PECR standards. Build trust through clarity, and make sure your digital outreach reflects the values of transparency and respect.
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Kate Fitzgerald Consulting Limited offers a range of data privacy and protection services for arts and cultural organisations. If you would like a chat to discuss any needs you may have, do get in touch – we’d love to hear from you.