The Information Commissioner’s Office (ICO) has launched a consultation on the so-called ‘charitable purpose soft opt-in’ which was introduced by the Data (Use and Access) Act 2025.

The concept of a ‘soft opt-in’ is not new: it refers to the exception – contained in Regulation 22(3) of the Privacy and Electronic Communications Regulations 2003 (PECR) – to the general rule that those sending unsolicited communications to individual subscribers for direct marketing purposes must have their consent. Under this ‘soft opt-in’ exception, a person may send electronic mail for the purpose of direct marketing where (a) the person has obtained the contact details of the recipient in the course of the sale or negotiations for the sale of a product or service to that recipient, (b) the direct marketing is in respect of that person’s similar products and services only, and (c) the recipient has been given a simple means of refusing the use of their contact details for direct marketing purposes, both when they are initially collected and at each subsequent communication.

As the ICO’s consultation explains, this exception does not apply to promoting ‘aims and ideals’, meaning that charities are unable to take advantage of it. However, after the passage of the Data (Use and Access) Act 2025, a further regulation has been added to the PECR, creating a new type of ‘soft opt-in’ which allows charities to send direct marketing communications about their charitable purposes so long as a number of requirements are met.

These requirements include the following: the charity’s sole purpose of the direct marketing is to further one or more of its charitable purposes; the recipient’s contact details were obtained directly from them and they had an opportunity to refuse to provide them both when they were collected and in each subsequent communication; and the details were collected in the course of the recipient expressing an interest in one or more of the charity’s purposes or offering to provide support.

The consultation expands upon these criteria and sets out the ICO’s intended approach to the new regulation. It also provides helpful guidance on what charities can do to prepare themselves for it coming into force in January 2026.

The consultation closes on 27 November 2025 and can be read in full here.