The Fundraising Regulator has urged charities to prepare for when the “soft opt-in” is introduced for electronic marketing.
The Data (Use and Access) Act 2025 received royal assent last month and the measures are expected to be introduced in the coming months.
The legislation will enable charities to send direct marketing messages via email, text or social media to people who either express an interest in or offer to provide support to their charity without needing the person’s consent.
The regulator said the so-called “soft opt-in” option was expected to benefit charities by enabling more contact with supporters, and therefore potentially more fundraising opportunities.
“It will only apply to direct marketing using electronic mail – not telephone marketing – and rely on the ‘legitimate interest’ lawful basis for processing personal data under the UK GDPR,” the regulator said.
The regulator said it had worked with the Information Commissioner’s Office to produce its latest information, which calls for charities to carry out a legitimate interests assessment to help decide whether “soft opt-in” would be appropriate for their charity.
It also urges charities to review their email marketing processes and ensure they can accurately record a person’s marketing preferences, along with providing training to train relevant staff, volunteers and contractors.