The Information Commissioner’s Office (ICO) has opened a public consultation on proposed new “charitable purpose soft opt-in” rule,  a development that could reshape how charities connect with their supporters through digital channels.
Read the consultation here

This consultation is your opportunity to help define the guidance that will govern data-driven fundraising for years to come. If you work in fundraising, supporter engagement, or digital marketing within the charity sector, your voice matters.
The consultation runs until 27 November 2025.
Submit your views

Why this matters

From January 2026, charities may be permitted to send direct marketing emails and texts only to individuals who’ve shown interest or offered support without prior consent, provided specific conditions are met.

This could be a game-changer for supporter retention, reactivation, and acquisition, particularly as traditional acquisition channels become more expensive and digital competition intensifies.

There are limits. The change will not apply retrospectively to existing databases. Charities will need to:

  • Update their privacy notices to reflect the new lawful basis.
  • Clearly signpost the soft opt-in at the point of data collection.
  • Offer transparent, easy opt-outs at every stage.

Handled well, this offers a fresh route to rebuild supporter relationships through respectful, compliant contact.

What you can do now

To prepare, charities should start reviewing internal processes today:

  1. Review how you collect contact details, do you clearly explain that emails and texts may be used for updates and fundraising?
  2. Audit your privacy notice, ensure its current, accurate, and anticipates these new rules.
  3. Segment your database, create clear lists for explicit consent vs soft opt-in eligibility so you can act quickly once the change takes effect.
  4. Train your teams, equip supporter services and fundraisers to answer questions confidently about this new type of permission.

Charities have often been cautious with digital outreach for fear of breaching data rules. This consultation offers a rare chance to influence how those rules evolve and to make sure they balance protection with participation.

Supporter trust and meaningful engagement are the lifeblood of the charity sector. Shaping these new rules thoughtfully could strengthen both.

Charity Digital Marketing