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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 is not yet in force but it is expected to come into force in January 2026. Once it is in force, charities will no longer need to obtain explicit consent where the "soft opt in" right applies. The following explains aspects of the new "soft opt-in" regime.

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