‘Significant win’ for sector as government adopts Bill amendment extending ‘soft-opt in’ to charities
An amendment to the Data Use and Access Bill that will extend the ‘soft opt in’ exemption to consent for email and text marketing to charities has been adopted by the government.
The Bill is currently approaching the final stage in the House of Lords and is set to proceed to the House of Commons in February. The amendment was put forward by Lord Clement-Jones, and can be found on page 5 of the official record.
The DMA led the call for the amendment, writing to the Secretary of State in December and outlining how ‘soft opt-in’ could help unlock up to £290 million annually to charity fundraising. The Chartered Institute of Fundraising has also been engaging with government ministers and House of Lords peers on the matter.
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The clause was in the previous government’s Data Protection and Digital Information Bill but was removed by the current administration due to concerns that it would give too much freedom to political parties to communicate with people.
In November, the CIOF wrote to the Secretary of State for the Department of Science, Innovation and Technology, outlining their concerns around its removal and urging for it to be reconsidered. The CIOF followed this up with a letter to Baroness Jones, the lead minister for this Bill in the House of Lord, and engagement with Lord Clement-Jones.
Announcing the news on the CIOF site, Director of Policy and Communications Claire Stanley said:
“This is a significant win for the sector and will finally put charities on a level playing field with commercial organisations which have benefitted from soft opt-in since the introduction of the Privacy and Electronic Communications Regulations back in 2003.
“Crucially, it shows a willingness from the government to listen to the sector at a time when it is facing multiple challenges to deliver services amid rocketing demand. This will allow charities to communicate more widely with supporters and share the vital work they are doing.”
On the DMA site, Michael Sturrock, Head of Communications & Outreach at the Scottish Parliament, and a public affairs consultant for the DMA, said:
“This decision marks a significant step forward in empowering the charity sector to strengthen relationships with supporters, foster deeper community connections, and ultimately enhance the impact of their vital work. By extending this measure—currently available only for commercial messages—the government has shown it is willing to listen to charities and act to unlock more fundraising opportunities. In a time of consistent challenges for charities, this is important.”
Sturrock adds that the move is recognition of the “unique and emotional connections” charities have with supporters, and of the need for charities to be able to communicate effectively with people who care about their causes, and suggests that it will also encourage innovative marketing strategies.