Charitable marketing: PECR rules relaxed

Posted: 17/11/2025

The Data (Use and Access) Act 2025 (DUAA) introduces a landmark change for UK charities by relaxing the rules on the soft opt-in exemption under the Privacy and Electronic Communications Regulations (PECR).

For the first time, charities (as defined under section 1 of the Charities Act 2011) will be able to send direct electronic marketing such as emails and texts without obtaining explicit consent from the recipient, provided that specific conditions are adhered to. This reform is expected to come into force in January 2026 and could significantly enhance fundraising and supporter engagement across the sector.

Our charities and data protection teams explore how 'soft' this opt-in really is, and how liberating it could be in practice for charities and the sector as a whole.

Current state of play for charities

Under the current PECR rules, businesses can rely on the soft opt-in exemption to send marketing communications directly without the recipient's prior consent provided that:

• the recipient's contact details were collected during the sale or negotiation of goods or services;
• the recipient was given a clear and simple opportunity to opt-out of such communications;
• the marketing messages relate to similar goods or services to those previously discussed/purchased; and
• the sender clearly shows their identity and allows for opt-outs in each communication.

Given this framework was conceived with commercial enterprises in mind, this has historically excluded most charities that do not operate on a commercial basis from relying on the soft opt-in exemption. As a result, charities have had to obtain affirmative opt-in consent before sending out any electronic marketing and, in practice, this is not always easy to obtain and can limit their outreach capabilities.

How will things change?

The DUAA amends PECR to allow charities to use a modified soft opt-in. Charities will be permitted to send electronic marketing communications to individuals who have expressed interest in the charity’s purposes or offered support to further those purposes.

The communication must be solely aimed at furthering the charity’s mission. This includes but is not limited to fundraising appeals, campaign updates and volunteer engagement.

What's the catch?

To rely on the soft opt-in, charities must meet three key conditions:

• Purpose: The message must solely further one or more of the charity’s legally defined charitable purposes.
• Source of contact details: The individual’s contact details must have been collected when they expressed interest in or supported the charity’s mission.
• Opt-out: The individual must have been offered a clear opt-out at the point of data collection and in every subsequent communication.

Importantly, this change does not apply retroactively to change the lawfulness of how personal data of individuals was originally collected. The Information Commissioner's Office (ICO) guidance is clear that, if consent as a lawful basis is relied upon to process individuals' personal data, you cannot switch the lawful basis relied upon at a later date. Under this new exemption, charities would likely need to rely on the legitimate interest basis under UK GDPR.

The upside?

This change has the potential to be transformative for the sector as whole. It enables charities to engage more effectively with supporters, reduce friction in external communications and potentially unlock additional donations and volunteering support for their charitable mission.

This change also aligns charity marketing practices with those long available to commercial organisations, introducing welcomed parity to the playing field between commercial and charitable projects

What next?

The ICO has launched a consultation, which will be open until 27 November 2025, seeking the views of charities and those working in the third sector on the proposed charities exemption soft opt-in. We encourage those with strong views on the changes to respond to the consultation and put their views forward to the ICO.

As things stand currently, charities that wish to rely on this new exemption should:

• ensure staff in fundraising/marketing/engagement teams are aware of the new rule changes coming into force; and
• update policies, communications and opt-in/out wording to ensure compliance with the new rules.

If you have any questions on the above changes, or would like to discuss how we can further help your organisations, please get in contact with us.

This article was co-written by James Notton, associate in the commercial, IP and IT team. 

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