New “Soft Opt-In” Changes Will Make it Easier for Charities to Send Electronic Marketing to Actual or Prospective Supporters or Donors

Reform of the Law Regulating Electronic Marketing by Charities

Charities have in the past needed explicit consent from anyone to whom they wished to send direct marketing electronic communications. The effect of this restriction is that charities have been severely limited 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), a new right known as a "soft opt in" (in effect an implied consent) has been introduced allowing charities to send such communications to individuals where those individuals have previously contacted the charity about its work. 

Charities will now no longer need to obtain explicit consent where the "soft opt in" right applies. This amendment to Regulation 22 is expected to come into force by December 2025 or soon after. 

New Documents Relating to Electronic Marketing by Charities

In view of this significant change to the regime governing electronic marketing by charities various documents have been updated to cater for the use by charities of the “soft opt-in” right now afforded to them. 

The new items comprise:

• an updated Privacy Notice for a Charity (GDPR Compliant) 
• a new Guidance Note: Charity Electronic Marketing
• new information pages about Electronic Marketing Communication with Individuals 

If you are a charity trustee or are involved in fundraising for a charity or in marketing on behalf of a charity, it is recommend that you familiarise yourself with these new items. They should assist you in understanding the new electronic marketing regime and help to maximise your charity’s contact with, and recruitment of, donors and supporters.