New ‘soft opt-in’ guidance could place extra administrative burden on charities
The Information Commissioner’s Office’s new ‘soft opt-in’ guidance was published this week following changes introduced by the Data (Use and Access) Act 2025, which allows charities to send direct marketing communications to supporters without needing to obtain consent, provided certain requirements are met.
Under the legislation, charities will be able to email, text and message people who have expressed an interest in or offered to support an organisation’s charitable purpose; a change that is estimated to unlock an extra £290m in UK charitable donations.
The ICO’s guidance sets out necessary safeguards for using soft opt-in but sector leaders have warned that some of these measures could pose administrative challenges.
Claire Stanley, director of policy and communications at the Chartered Institute of Fundraising, said that while the guidance itself was welcome, this clause could place an additional operational burden on charities, particularly those with limited resources.
“The guidance makes clear that charities must carefully distinguish between different types of marketing activity and lawful bases, including charitable soft opt-in, commercial marketing of products and services, and pre-existing consent.
“In practice, this may require more complex segmentation and record keeping within CRM systems,” she said.
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Trustee recruitment through personal contacts is a ‘great loss’ to the sector, commission chair warns
Speaking at an event in London, Dame Julia Unwin said research conducted for the regulator last year showed that while the vast majority of trustees were “immensely positive” about their experience, only 6 per cent of charity board members applied for their position through an advertisement.
“I was saddened but not surprised, for example, to learn that the research just mentioned found that most trustees are appointed through personal contacts rather than via open recruitment channels,” she said.
“That is a great loss. It prevents people contributing, it narrows the mindsets of boards and it deprives vital organisations of the best, independent engagement that a truly diverse board offers.”
She said the situation created “an ongoing barrier to widening the pool of trusteeship”, which mattered because “the best protection against risk is the 360 degree vision that you only get with a genuinely diverse board”.
She also told delegates at the event that charity status is a “social contract” that comes with expectations of stewardship, restraint and seriousness of purpose in return for trust and material privileges.
“I want to suggest that registered charity status is best understood as a form of social contract, a kind of common treasure, not owned by any one of us, but sustained by all of us, and from which we all benefit,” said Unwin.
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Charity partner for next year’s London Marathon revealed
The National Autistic Society will be the charity partner for next year’s TCS London Marathon.
The charity hopes to raise £2m through the partnership and make the race “the world’s most inclusive mass participation event”.
The NAS, which usually has 250 running places in the London Marathon, will receive an additional 250 spots through the partnership.
The partnership would mark the “beginning of a lasting legacy for autistic people”, the charity said, with funds raised from next year’s event put towards funding a new advice hub and an online community app.
Next year’s London Marathon could be staged over two days on 24 and 25 April with organisers hoping that more than 100,000 people could participate, raising more than £130m for good causes.
This year’s fundraising total will be announced later this year but the 2025 event raised a record £87.3m.
A record almost 60,000 people finished this year’s TCS London Marathon, which featured Marie Curie as its charity partner.
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