Action Needed to Cater for New Soft Opt-In Rules 
Various steps should have been taken by charity trustees before 5 February 2026 in the light of the new soft opt in rules that came into effect on that date. These are covered by our Guidance Note: Charity Electronic Marketing
Taking the steps outlined in the Guidance Note helps trustees ensure that their charity:
- is in a position to benefit from the freedom afforded to it by the 5 February 2026 rule change; and
- complies with the rules.
It should be carefully noted that the ICO has power to levy substantial fines against a charity that acts in breach of the rules.
The template Privacy Notice for a Charity (GDPR Compliant) includes provisions catering for use of “soft opt in” when sending electronic marketing communications to individuals. It is recommended that charity trustees use this as a skeleton to write the own privacy notice for their own charity.