ICO updates guidance on the charitable purposes soft opt-in for direct marketing

ICO updates guidance on the charitable purposes soft opt-in for direct marketing

The Information Commissioner's Office has updated its guidance on direct marketing using electronic mail which now includes a substantial section regarding the 'charitable purposes soft opt-in'. The guidance now includes several examples, to assist charities to ascertain whether they can rely on the opt-in.

The charitable purposes soft opt-in allows a charity to send electronic mail marketing without consent where the message furthers their charitable purposes, but only where the organisation is a charity and it:

1. Obtained the recipient's contact details;
2. Did this through the person expressing an interest in, or offering or providing support for, the charity's charitable purposes;
3. The sole purpose of the direct marketing is to further those charitable purposes;
4. Provided the recipient an opportunity to refuse or opt out when it collected their contact details; and
5. Gives an opportunity to refuse or opt out in every subsequent communication.

The guidance states that it only applies to supporters whose details were obtained on or after the 5 February 2026 implementation date. However, it then gives an example which indicates that, where a supporter made donations in previous years and then supports again after the implementation date, the soft opt in can be applied to them. This suggests that a charity can treat all donors who provide their details after 5 February 2026 as 'new' supporters for the purposes of the soft opt-in, even if they were already a supporter.

Charities should note that the guidance is unclear regarding whether details collected in the course of purchases in a charity shop, or donations made through fundraisers, can be used for the soft opt-in.

• The guidance states that purely 'transactional' purchases are not included, and that a person's interaction must be with the charity itself (not a third-party fundraiser).
• However, it goes on to give an example that the opt-in applies where t-shirts sold through a charity's online store as part of an ongoing campaign, it is made clear that proceeds go directly to supporting the campaign, and the purchaser of the t-shirt provides their email address through this purpose.
• Charities selling products through trading subsidiaries should consider whether they need to place greater emphasis on the fact that proceeds from sale are used to support charitable activities, and whether the process for donations through third party fundraisers needs to be updated to ensure the soft opt-in can be directly obtained.

The Fundraising Regulator has noted that the soft-opt in 'represents an opportunity for charities to strengthen relationships with supporters and potentially facilitate greater fundraising' but has warned that charities must avoid using it 'in ways that could damage public trust and confidence in charitable fundraising'. The Regulator will shortly be publishing a guide on fundraising marketing and, in the meantime, has updated its data privacy guidance to take into account the Data (Use and Access) Act 2025 and the revised ICO guidance.