New Legal Basis (Post-Feb 5, 2026): Under the Data (Use and Access) Act 2025, charities can send electronic marketing to people who demonstrate interest or support (e.g., making a donation, signing up for newsletters, entering a raffle), without needing prior explicit consent.
7 Key Compliance Rules:
Eligibility: Must meet the statutory definition of a charity.
No Retrospectivity: Applies strictly to contacts collected on or after 5 February 2026.
Direct Collection Only: Details must be collected directly by the charity (third-party lists or trading subsidiaries do not qualify).
Genuine Interest/Support: Must involve active support or expressed interest in charitable goals (incidental interactions like using café Wi-Fi do not count).
Upfront Opt-Out: A clear, prominent opt-out mechanism must be provided at the exact moment contact details are gathered.
Sole Purpose: Marketing messages must strictly promote the charity’s own primary cause (no third-party or partner promotion).
Ongoing Unsubscribe: An easy opt-out or unsubscribe option must appear in every subsequent communication.
