In order to remove the disadvantage suffered by charities arising from their obligation to obtain explicit consent before sending electronic marketing communications (see above), Regulation 22 of the PECR has been amended by Section 114 of the Data (Use and Access) Act 2025. This change provides a right to rely on “soft opt in”, a right created specifically for use by charities. It allows charities to send communications to individuals where those individuals have previously contacted the charity about its work. It means that in those circumstances, a charity does not also need consent. 

This new "soft opt in" right is not yet in force but it is expected to come into force in January 2026. We will update this information page once the precise date is known. 

Once the amended Regulation 22 is in force, charities will be able to carry out direct electronic marketing to a person without their explicit consent if it is solely for the purpose of furthering a charitable objective of the charity provided that: 

1. their contact details were obtained by the charity during the course of them expressing an interest in, or offering or providing support to further, that or a similar objective. (This could include a person making a one-off donation or volunteering at an event); and 
2. they are given the chance to opt out of such direct marketing at the point of collection and in every subsequent communication.

Note that the communication must be solely for the purpose of furthering the relevant charitable objective; it must not be a mixed purpose, e.g. partly for that objective and partly for some other objective.