ICO consultation with UK charities – open until 27 November 2025
The Information Commissioner’s Office (ICO) last week announced having opened consultation with the voluntary/third sector.
From January 2026, changes to the law introduced by the Data (Use and Access) Act (DUAA) allow charities to send “direct marketing” electronic messages (such as emails and texts) to individuals who have expressed interest in or offered to support a charity. (This is referred to as ‘charitable purpose soft opt-in’)
Underlying this change, for which the third sector lobbied, is the hope that charities will have increased opportunities to communicate with prospective supporters and engage in fundraising. It will no longer be required for the charity to have prior consent from individuals, provided they meet the necessary requirements for ‘soft opt in’.
The ICO’s consultation seeks views from UK charities and those who work in the sector on what approach they would like to see adopted by the regulator in relation to how this change to the law is used. The consultation will be open from 16 October until 27 November and can be accessed here.
The ICO intends to publish details guidance on these and other DUAA changes to the laws on direct marketing in Winter 25/26.
Tips on what charities can do to prepare for the change are already available on the ICO website.
For further information about any of the services available from Navigator, contact Sean Morris, Legal Manager at sean.morris@navigatorlaw.co.uk.