The Data (Use and Access) Bill was designed to have a phased implementation, and the next phase commenced last week on 5th February.
You can read the ICO’s statement at https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2026/02/statement-on-the-commencement-of-the-data-use-and-access-act-duaa/ but for most charities, the key provision is the Charitable Soft Opt-In changes and the guidance from the ICO is still not ready.
Claire Stanley, the Director of Policy and Communications at the Chartered Institute of Fundraising, summarises the current position well in a LinkedIn post at https://www.linkedin.com/posts/clairestanleypr_soft-opt-in-for-charitable-purposes-update-activity-7424854959105544192-hS5V where she says ‘While there are questions around the guidance – particularly around third party collection of donor details – I would urge caution in using soft opt-in immediately’.
The Fundraising Regulator endorses this approach in their latest post on the subject at https://www.fundraisingregulator.org.uk/news/fundraising-regulator-statement-commencement-soft-opt.
Since there are some areas that the ICO needs to clarify, and perhaps update in the light of intense lobbying from the sector, we too would urge caution until the ICO guidance is released.