The ICO has published new guidance on the upcoming Charitable Purpose Soft Opt-In For Cultural Organisations – and it’s essential reading for anyone handling supporter data in a cultural or charitable context.
This change could open up new opportunities for email marketing without consent, but only if you meet the specific conditions. The guidance is clear: this isn’t a free-for-all. It’s a narrow exemption, and preparation now will save headaches later.
This post summarises the ICO’s expectations in plain English – with a clear breakdown of what you must, should, and could do to prepare. The changes are expected to be implemented from January 2026.
| Category | Action | Plain English Summary |
| Must (Legal requirement) | Do not use the soft opt-in before it comes into force | You can’t use the new rules until they’re live – expected January 2026 |
| Do not use contact details collected before commencement | You can’t rely on older data – it wasn’t collected with the right opt-out options | |
| Update your privacy notice | You must tell people how you’ll use their data for marketing | |
| Comply with UK GDPR and DPA | You must meet wider data protection duties, including fairness, transparency, and people’s rights | |
| Stop marketing if someone objects | If someone says no, you must stop – even if they didn’t opt out of soft opt-in | |
| Make opt-out clear at point of collection and in every message | People must always have a clear way to say no | |
| Should (ICO expectation) | Explain the soft opt-in clearly when collecting contact details | Help people understand why they’re getting marketing from you |
| Keep separate lists for consent vs soft opt-in | Track who’s receiving marketing under which basis | |
| Keep a suppression list | Make sure you don’t contact people who’ve opted out or objected | |
| Could (Optional good practice) | Keep a separate list for commercial soft opt-in | Useful if you also market similar products/services |
| Train staff to handle queries and complaints | Helps staff respond confidently and consistently |
Read the full ICO guidance here.
What cultural organisations need to do now
If you’re looking for practical, sector-specific insight into what this guidance means in real terms, the recent Supercool webinar is a great place to start. I joined their panel to explore how cultural organisations can prepare for the charitable purpose soft opt-in – from data collection and privacy notices to staff training and audience trust. And yes, there was a lawyer in the room.
We covered what this means for audience and donor communications, how legitimate interests assessments fit into the picture, and what teams can do now to build confidence and stay compliant.
You can catch the recording and download the slides via Supercool’s website.
What next?
If you’ve got views on how this should work in practice – especially if you’re in the arts, heritage, or cultural sector – the ICO wants to hear from you. Their consultation is open until 7 November 2025.
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.