What ICO soft opt-in guidance means for legacy fundraisers
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The Information Commissioner’s Office (ICO) has published guidance for charities on how they can use new ‘soft opt-in’ powers when contacting supporters by email, text and other electronic messaging for marketing and fundraising purposes.
This guidance reflects recent legislative changes introduced under the Data (Use and Access) Act 2025 made in February this year, and is intended to help charities apply the rules confidently, while protecting public trust.
Under the new data rules, charities can send electronic marketing to those who have expressed an interest in their work or supported their charitable purpose with legacy or other fundraising asks, without needing explicit prior consent. This opens up the supporter pool, creating new opportunities for legacy fundraising. However, there are some key watchouts to bear in mind.
The ICO is clear that the legislation is not retrospective. Charities cannot apply the exemption to existing supporters who previously consented to marketing, opted out, or for whom no marketing preference was recorded, as those individuals are unlikely to have been given a clear opportunity to opt out at the point their data was collected. In practice, this means charities are most likely to be able to use the soft opt‑in only for new supporters and donors recruited in future.
For legacy fundraisers, strong record‑keeping and careful database management will be essential to ensure supporters are contacted on the correct legal basis and that preferences are respected consistently.
The ICO guidance also highlights that the most appropriate lawful basis for processing personal data when relying on the soft opt‑in is legitimate interests. Charities are expected to carry out a legitimate interests assessment, weighing their fundraising interests against the potential impact on individuals’ rights and freedoms. This includes thinking about the cumulative effect of communications and the wider supporter experience, particularly for people in vulnerable circumstances.
Charities may also need to review and update their privacy notices, clearly explaining how personal data will be used for direct marketing and the types of communications supporters may receive. Clear opt‑out statements must be included wherever people provide their contact details, helping to ensure transparency and choice from the outset.
This is welcome news for legacy fundraising teams, enabling dialogue with those who’ve already shown genuine interest in or support for charities’ work. But it also reinforces the importance of ethical practice, careful planning and collaboration with colleagues responsible for data protection, compliance and supporter care.
Gerald Oppenheim, Chief Executive, at the Fundraising Regulator, welcomed the guidance, saying it: “provides valuable clarity for charities about how they may legally use the new soft opt-in provision, where it would be appropriate for them, their supporters and their cause."
Claire Stanley, Director of Policy and Communications at the Chartered Institute of Fundraising, added: “We believe soft opt-in offers charities the opportunity to build more meaningful and sustainable relationships with their supporters, but we are mindful of the potential administrative challenges too.
“Charities will need to carefully distinguish between different types of marketing activity and lawful bases, including soft opt-in, commercial marketing of products and services, and pre-existing consent. In practice, this may require more complex segmentation and record-keeping within CRM systems, which may create administrative challenges, especially for smaller organisations with limited resources."
Fundraisers are advised to familiarise themselves with the ICO's guidance before deciding whether to make use of charitable purposes soft opt-in for fundraising and marketing. It includes helpful practical examples showing how the rules can be put into practice.