Good New for Charities – PECR is Changing

Last December, I wrote about the soft opt-in being removed from the Data Use and Access (DUA) Bill — a disappointing setback for charities. Since then, the Bill has travelled through several House of Lords readings, with multiple revisions along the way. The journey’s been a rollercoaster – and it’s not over yet. The version now sitting in the House of Commons reintroduces the soft opt–in for charities. This marks a major shift in the regulatory landscape.

As the DUA Bill moves through the Committee stage, the likelihood of these changes passing continues to grow. For charities and arts organisations, this update could transform how fundraising communications work. By extending the soft opt-in, the Bill lets charities engage supporters more easily, streamline outreach, and stay fully compliant.

From the DPDI Bill to the DUA Bill: What Changed?

To understand the implications of the latest proposed changes, it’s important to consider the wider political context. Before the election, the Conservatives proposed letting charities use PECR’s soft opt-in to send direct marketing without consent in the Data Protection and Digital Information (DPDI) Bill. Sector leaders saw this as a way to streamline communications and strengthen fundraising for charities, including arts organisations.

However, following the election, the Labour government removed that provision from their Data Use and Access (DUA) Bill. The change reduced charities’ options to contact donors without consent. On 28 January 2025, the government reintroduced the provision – a welcome shift.

This shift is important because it suggests the government now sees the value in allowing charities to communicate with their audiences more freely, without the same level of consent barriers that have existed in recent years.

Changes to PECR

Let’s look at how Regulation 22 of PECR reads if the proposed changes in the DUA Bill go through (for ease, the proposed changes are highlighted in red text):

“Use of electronic mail for direct marketing purposes

22.— (1) This regulation applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers.

(2) Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.

(3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where—

(a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;

(b)the direct marketing is in respect of that person’s similar products and services only; and

(c)the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.

3A) A charity may send or instigate the sending of electronic mail for the purposes of direct marketing where—

(a) the sole purpose of the direct marketing is to further one or more of the charity’s charitable purposes;

(b) the charity obtained the contact details of the recipient of the electronic mail in the course of the recipient –

(i) expressing an interest in one or more of the purposes that were the charity’s charitable purposes at that time; or

(ii) offering or providing support to further one or more of those purposes; and

(c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of their contact details for the purposes of direct marketing by the charity, at the time that the details were initially collected, and, where the recipient did not initially refuse the use of the details, at the time of each subsequent communication.

(4) A subscriber shall not permit his line to be used in contravention of paragraph (2).

(5) In this regulation, “charity” means—

(a) a charity as defined in section 1(1) of the Charities Act 2011,

(b) a charity as defined in section 1(1) of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)), including an institution treated as such a charity for the purposes of that Act by virtue of the Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2013 (S.R. (N.I.) 2013 No. 211), and

(c) a body entered in the Scottish Charity Register, other than a body which no longer meets the charity test in section 7 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), and, in relation to such a charity, institution or body, “charitable purpose” has the meaning given in the relevant Act.”

Sections 3A and 5 of Regulation 22 introduce new rules that ease consent requirements for charities. Instead of obtaining consent for direct marketing emails, charities can now rely on legitimate interests as a lawful basis for sending fundraising communications. However, they must meet the necessary conditions and offer a clear opt-out.

What the PECR Changes Mean for Charities

Charities can rely on the soft opt-in for direct marketing

If someone expresses interest in a charitable purpose or offers support, the charity can send fundraising emails without explicit consent – as long as they offer a clear opt–out.

Marketing about similar charitable purposes is permitted

Charities can promote events, campaigns, or donation opportunities that align with their mission – without needing fresh consent each time.

Opt-out remains essential

Charities must still offer a simple, free way for recipients to opt out of future communications. This protects individual rights and ensures transparency. Charities must still offer a simple, free way for recipients to opt out of future communications. This protects individual rights and ensures transparency.

Legitimate interests apply

Charities can rely on legitimate interests as their lawful basis for sending fundraising emails – provided they complete a Legitimate Interests Assessment and meet the PECR conditions.

Charity definition clarified

The regulation confirms that charities across England, Wales, Scotland, and Northern Ireland can benefit from the soft opt–in extension.

Why This Matters for Arts Organisations

Arts organisations often rely on fundraising to survive – but under current rules, they can’t send emails to potential donors without explicit consent. That leads to lower engagement and missed opportunities.

The soft opt–in changes offer a practical solution. If someone has shown interest or supported your work before, you’ll be able to reconnect without jumping through consent hoops. That means better engagement, more efficient communications, and stronger fundraising outcomes.

What’s Next?

The DUA Bill is still in Committee stage, but the soft opt–in changes look set to pass. If they do, charities and arts organisations will gain a lawful, flexible way to send fundraising emails – without relying on consent.

This update reduces admin burdens and empowers charities to connect with supporters more effectively. But organisations must still respect opt–outs and document their lawful basis clearly.

Get In Touch

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.