As last week was half-term for many of you, you might have missed this and it’s important enough for us to repeat, as we recommend you take action now.
The ICO has launched its consultation on the charity soft opt-in change to the DUAA.
In Summary its guidance is likely to say:
- Charitable soft opt-in will be available from January 2026 and it cannot be used until then.
- When it becomes available you must not use it to send marketing messages to people whose contact details you’ve collected before it commences, i.e. not retrospective.
- You must update your privacy notice.
- You should be ready to explain the changes when people ask or complain.
- You should maintain separate lists of those who receive marketing messages because they consented, and those who receive them because you are relying on charitable soft opt-in.
- You must not use the charitable soft opt-in for direct marketing about your charity’s commercial activities, such as selling products or services.
- You must obtain contact details directly from the person. There is no such thing as a third-party marketing list that is ‘soft opt-in’ compliant. Personal information collected through third-party platforms will not satisfy this requirement.
So, it seems that it will not be retrospective and, perhaps more problematic, it will not apply unless the person gave their details directly to you. This could mean that fundraising and event platforms cannot rely on charitable soft opt-in for the personal information you receive from them.
Overall, this is much more limiting than it could be, so you may wish to make your voice heard by answering the consultation (it only takes around 10 minutes).
We would encourage everyone to respond to the consultation and register your feelings, and perhaps especially about not being able to rely on the change if contact details are obtained from third-party sites e.g. fundraising or event platforms.
The links you need are:
- ICO introduction to consultation – https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2025/10/consultation-on-new-charitable-purpose-soft-opt-in-rules-to-support-fundraising/
- Consultation introductory page – https://citizen-space.ico.org.uk/regulatory-policy/charitymarketing/
- Actual consultation (there is a link from the ICO page, but it’s not that easy to find) –https://citizen-space.ico.org.uk/regulatory-policy/charitymarketing/consultation/intro/. You might want to comment particularly on question 15 ‘Is the consultation clear about the rules around charities collecting contact details directly?’
Please act now so the ICO knows the strength of feeling in the charity community.