ICO Consultation Opens on New Email and Text Marketing Rules for Charities
The Information Commissioner’s Office (ICO) has launched a consultation on how charities can make use of new rules that will allow greater use of electronic marketing in contacting their supporters.
From January 2026, the Data (Use and Access) Act will introduce a new ‘charitable purpose soft opt-in’. This will allow charities to send marketing emails and texts to people who have expressed interest in or offered to support a charity - even if they haven’t specifically ticked a consent box - provided certain conditions are met.
How the new rule will work
The change is intended to make it easier for charities to stay in touch with potential supporters and raise funds, while still protecting individuals’ data rights.
The charitable purpose soft opt-in will not apply to contacts already held in existing databases. Charities must always provide a clear opportunity to opt out - both when contact details are first collected and in every communication sent.
ICO’s consultation
The ICO’s consultation runs until 27 November and invites feedback from charities and others working in the third sector.
Emily Keaney, the ICO’s Deputy Commissioner for Regulatory Policy, said the soft opt-in is intended “to help charities stay connected with the people who want to support them, while still making sure everyone has control over how their data is used."
Steps charities can take now
Although the new rule won’t apply until 2026, the ICO has provided some tips on what charities can do to prepare.
1. Update your privacy notice - make sure it clearly explains how your charity will use their personal information.
2. Plan your communications - decide how you will explain the soft opt-in when collecting new contact details, and how you’ll make it clear why someone is receiving marketing messages.
3. Keep separate contact lists - since you cannot send electronic mail marketing to people whose contact details were collected before the soft opt-in commences, you’ll need to keep separate lists of those who have given their consent and those who will be contacted under the soft opt-in.
4. Train your team - ensure staff know how to handle queries or complaints about marketing messages.
Next steps
Charities interested in shaping how the new rules are applied can respond to the ICO’s consultation.
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