Regulator warns charities against damaging public trust when using 'soft opt in' marketing

The Fundraising Regulator has warned charities to ensure they avoid harming public trust in fundraising when they use a new ‘soft opt in’ provision that allows them to contact supporters without prior consent.

The regulator has issued the warning as it launches an update to its guidance on data privacy and announces plans to develop separate guidance on the new provision, which came into force in February through the Data (Use and Access) Act 2025.

“The introduction of soft opt-in represents an opportunity for charities to strengthen relationships with supporters and potentially facilitate greater fundraising,” said the Fundraising Regulator’s head of policy Paul Winyard in a blog post.

“However, charities must avoid using the new provision in ways that could damage public trust and confidence in charitable fundraising.”

Last month the Information Commissioner’s Office (ICO) published its guidance around the new provision, warning that it must only be used by charities based on contact information they have obtained themselves.

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

Winyard added: “We urge all fundraising organisations to read the ICO’s new guidance to ensure their fundraising is both legal and respectful.”

The Fundraising Regulator’s latest data privacy guidance considers legislative changes since its previous guidance was published in 2018 when the European Union’s General Data Protection Regulation came into force.

The update covers the post-Brexit introduction of the UK GDPR and the Data (Use and Access) Act 2025.

“Given it’s almost a decade since the General Data Protection Regulation (GDPR) entered into force, we felt it was time for us to update our resources for fundraisers on data privacy,” said Winyard.

“The guide includes practical tips for charitable fundraising organisations to meet the code and the law when processing personal data. It links to the ICO’s website to help fundraisers access some of the most relevant regulatory guidance quickly and easily.”