Shaping the charity soft opt-in: Have your say in the ICO consultation

The DMA is seeking input from members to help shape our response to the ICO’s consultation on how the new charity soft opt-in should be implemented. This consultation follows a major legislative change to PECR, secured through sustained engagement by the DMA and its members.

The amendment allows charities to use the soft opt-in for electronic marketing, such as email and SMS, to individuals who have previously donated. This brings the rules for charities closer to those already in place for commercial organisations. It is expected to significantly reduce administrative barriers to supporter engagement and provide a more balanced approach to consent.

This change was included in the Data Protection (Use and Access) Act following evidence submitted by the DMA during the legislative process. That evidence was drawn from a wide range of members across the data, marketing and fundraising sectors. Notably, DMA member Wood for the Trees provided sector-specific research that played a key role in demonstrating how restrictive consent requirements had been limiting income generation across the charity sector. This is a clear example of how member insight can shape policy outcomes.

The ICO is now consulting on how this new soft opt-in should be interpreted and applied in practice. The DMA will respond on behalf of members. To do so, we are inviting organisations to share practical examples, evidence or reflections on how the rule could best support responsible fundraising.

You can read the consultation in full at the ICO website.

Is the ICO guidance on charitable soft opt-in helpful?

Is there anything that requires greater clarification?

What are the benefits of charitable soft opt-in?

What are the costs of implementing charitable soft opt-in

Members wishing to contribute to the DMA response should contact michael.sturrock@dma.org.uk by 14 November.

Your insight will help ensure this important policy change is implemented in a way that supports the sector while maintaining public trust.