Data (Use and Access) Bill pre-Christmas update

The campaign for charities’ email soft opt-in: an update from the House of Lords

On 16 December, the Lords Grand Committee debated an amendment proposed by the DMA on behalf of charities. The amendment, introduced by Lord Clement-Jones and supported by Baroness Dido Harding and Lord Guy Black, aims to extend the email ‘soft opt-in’ to charitable fundraising communications.

Making the case for the amendment

The Committee Stage of the legislative process allows for amendments to be introduced, debated, and examined in detail. It’s an opportunity to test the Government’s position and encourage revisions to the Bill before it reaches Report Stage and, eventually, Third Reading. Should the Government not incorporate widely supported changes, amendments can be re-tabled at Third Reading and potentially put to a vote.

Lord Clement-Jones presented the case clearly:
“This amendment would enable charities to communicate with donors in the same way that businesses have been able to communicate with customers since 2003. The clause will help to facilitate greater fundraising and support the important work that charities do for society.”

He went on to reference a joint letter, coordinated by the DMA and signed by nearly 20 major charities, sent to Secretary of State Peter Kyle on 25 November. The letter emphasised the potential impact of the extension:
“The DMA estimates that extending the soft opt-in to charities would increase annual donations in the UK by £290 million, based on analysis of 13.1 million donors by the Salocin Group.”

Baroness Harding also expressed support for the amendment, with further endorsement from Lord Camrose, who leads the Conservative opposition to the Data Protection and Digital Information (No.2) Bill. He stressed the importance of reducing barriers to fundraising communications, noting that “many charities rely on donations from the public.”

Government response and ongoing assessment

Responding for the Government, Baroness Jones offered a measured reply:
“We are listening carefully to arguments for change in this area and will consider the points raised, but I ask that the amendment be withdrawn while we consider its potential impact further. We are happy to have further discussions on that.”

The DMA can confirm that the Government, with input from officials at the Department for Science, Innovation and Technology (DSIT), is currently conducting an impact assessment of this proposed extension, supported by the DMA and Wood for the Trees.

Some small pushback

At the close of the debate, Baroness Stowell, a former Chair of the Charity Commission, sounded a more cautious note:
“People have an expectation of charities that differs from what they would expect by way of marketing from businesses. In considering this amendment, therefore, I urge the Minister to think carefully before deciding what action the Government should take.”

Al DMA members would agree that successful fundraising requires great care and specific skills, but that is true of marketing to any specific category of product or service from financial services, to automotive to grocery to healthcare: in each product or service category customers have specific needs, concerns, preferences, passions that determine the approach marketers should take within a category.

Looking ahead

The DMA’s campaign to secure this soft opt-in for charities will continue discreetly over the coming weeks and into January. We remain cautiously optimistic that the Government will include an appropriate amendment at Report Stage. This is a crucial phase, given the composition of the Lords:

• Conservative: 273
• Labour: 187
• Crossbench: 184
• Liberal Democrat: 78
• Non-affiliated: 43
• Bishops: 25
• Others: 14
• Lord Speaker: 1

The DMA will continue to build coalitions, collaborate with departmental officials, and provide further updates as the situation unfolds.