Guidance Note: Charity Electronic Marketing

This Guidance Note: Charity Electronic Marketing explains how, by virtue of amendments made to the Privacy and Electronic (EC Directive) EC Regulations 2003 (“PECR”) by the Data (Use and Access) Act 2025, charities can send electronic marketing communications to individuals using the “soft opt-in” exemption provided by the PECR as amended.

This new exemption applies to allow a charity to send such communications to any individual where they have previously contacted the charity about its work. Where the conditions of this exemption apply, it means that the charity does not need to have obtained the consent of the individual before doing so. 

This new right will come into force in January 2026. When the precise date of it coming into force is known, we will refer to it here.

Charities should not use this "soft opt-in" right unless they have a privacy policy and a privacy notice which appropriately takes account of the charity’s actual or intended practice of exploiting that right. For this purpose, you might wish to base your charity’s privacy notice on the Privacy Notice for a Charity (GDPR Compliant) which has been updated to cover use of the “soft opt-in” exemption.

Further information and guidance about aspects of the charity electronic marketing can be found under Electronic Marketing Communication With Individuals

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