A new ‘soft opt in’ provision that enables charities to contact supporters without prior consent cannot be used if contact details were obtained by a third party, the Information Commissioner’s Office (ICO) has warned.

The warning has been made in the ICO’s latest guidance around the option, which came into force in February through the Data (Use and Access) Act 2025.

The provision enables charities to send direct marketing by post, email, text or direct social media message without prior consent to people who have expressed an interest in support the charity.

But the guidance stipulates this is only to be used by charities and based on contact information they have obtained themselves.

“The soft opt-in doesn’t apply if someone else obtains the contact details for you, even if it’s another organisation within your own group structure,” it warns.

“There is no such thing as a third-party marketing list that is compliant with the soft opt-in.”

Charities using the option must also provide the recipient with an opportunity to refuse or opt out. This opportunity must also be provided in “every subsequent communication”.

The guidance includes anonymised examples and “additional clarity” in areas raised by respondents during a consultation, which took place last year and received 140 responses.

"This is a positive step for a sector that does so much for this country, giving them more opportunities to connect with their supporters, build meaningful relationships and promote their work,” said ICO deputy commissioner of regulatory policy Emily Keaney.

“We know how important clear, practical guidance is for the sector, and we’ve listened carefully to the feedback charities shared with us.”

She added: “Our guidance is designed to help organisations use the charitable purposes soft opt in with confidence, while making sure people’s rights remain protected. Used correctly, this provision can benefit both charities and the individuals who choose to support them.”

The Fundraising Regulator has also been working with the ICO in formulating the guidance.

Gerald Oppenheim, chief executive of the Fundraising Regulator, which has been working with the ICO to support charities around the new option, has welcomed the new guidance.

“Charities should familiarise themselves with the ICO's guidance before deciding whether to make use of charitable purposes soft opt-in for their electronic direct fundraising marketing purposes,” he said.

He added that the Fundraising Regulator is “developing a new resource which will complement the ICO’s guidance to help charities comply with the new charitable purposes soft opt-in provision when used for fundraising marketing”.

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