Big news from the ICO – they’ve launched a consultation on charitable purpose soft opt-in guidance under the upcoming Data (Use and Access) Act, due January 2026. This new approach could reshape how charities communicate with supporters, making it easier to send marketing emails and texts without prior consent – if the criteria are met.

What You Need To Know

• Charities will be able to contact people who’ve shown interest or offered support – without prior opt-in – as long as the communication aligns with the new charitable purpose soft opt-in rules.
• It won’t apply to existing contact lists, so don’t jump the gun.
• Clear opt-outs must be offered at sign-up and in every message.
• Privacy policies need updating, and staff should be trained to handle questions and complaints.

Relying on Legitimate Interests

Even with the new soft opt-in, charities must assess whether their marketing meets the legitimate interests test. That means balancing organisational goals with supporter expectations and privacy rights. A clear, documented Legitimate Interests Assessment (LIA) will help demonstrate compliance and build trust – especially if challenged.

Final Thoughts

This is a real opportunity to strengthen supporter relationships and boost fundraising – but only if it’s done right.

Consultation is open until 27 November. If you’re in the third sector, make sure your voice is heard.

Take part here.

Get In Touch

If you’re a cultural organisation looking for tailored support, plain English policies, or practical training that empowers your team, we’d love to help. Get in touch for a free 30-minute consultation.