Electronic Marketing Communication with Individuals 
Charities have in the past needed explicit consent from anyone to whom they wish to send direct marketing electronic communications. This has in practice severely limited charities in their efforts to recruit and maintain supporters and donors. However, by virtue of an amendment to Regulation 22 of the PEC Regulations (use of electronic mail for direct marketing purposes) there is a new "soft opt in" (i.e. implied consent) right that charities can use to send such communications to individuals where they have previously contacted the charity about its work. This came into force on 5 February 2026. As from that date, charities will no longer need to obtain explicit consent where the "soft opt in" right applies but it is not retrospective, and so the new "soft opt-in" can only be used where contact details are collected after 5 February 2026. The following explains aspects of the new "soft opt-in" regime.