ICO publishes new charitable purposes soft opt-in guidance

The Information Commissioner's Office (ICO) has updated its final direct marketing using electronic mail guidance to cover the new charitable purposes soft opt-in, a provision introduced through the Data (Use and Access) Act 2025 (DUA Act). The change, which took effect on 5 February 2026, allows charities to send direct marketing via electronic mail, including emails, text messages, and social media direct messages, without prior consent. To utilise this provision, organisations must target individuals who have previously expressed interest in or supported their specific charitable purposes.

The new rules aim to help the sector engage more effectively with existing supporters while ensuring strict safeguards are maintained. Following a consultation that drew over 140 responses, the updated guidance addresses operational challenges, including the role of third parties and the application of rules to direct collections. The ICO has included anonymised examples clarifying how charities can meet the mandatory requirements. 

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