Find out more about new rules under the DUAA which give charities more flexibility when communicating with supporters by email, text and other electronic messages.

What has changed for charities?

The Data (Use and Access) Act 2025 (DUAA) introduces a new charitable purposes soft opt-in, which came into effect on 5 February 2026. 

It provides a legal basis for charities to contact supporters by email, text and other electronic messages, helping them communicate more easily with people who have already shown an interest in their cause.

Looking for a broader overview of the Act? Read our DUAA 2025 blog.


What is a soft opt-in?

Soft opt-in is a marketing provision that allows organisations to send electronic marketing without explicit consent, under certain conditions.

Under DUAA, this can apply to charities where an individual has already expressed interest in, or offered support to, their charitable purpose, allowing direct marketing by email, text or other electronic messages without prior consent.

It's only permitted where specific conditions are met, including clear opt-out rights and appropriate handling of personal data.

In practical terms, it gives charities a clearer legal basis to contact supporters who have already shown a connection to their cause.


What this means in practice

The change gives charities more flexibility in how they communicate with supporters and potential supporters. It may help them to:

  • engage people who have shown interest but not formally signed up to marketing
  • communicate more effectively with supporters across email, SMS and messaging platforms
  • build relationships with people earlier in the supporter journey

The conditions around how data is collected and how opt-outs are handled remain important.

Separately, DUAA also introduces new requirements around handling data protection complaints. All organisations need to have these arrangements in place by 19 June 2026. Read more about ICO complaint handling requirements.


Why this matters

Email and messaging are valuable tools for charities. The change creates new opportunities to engage supporters, while also highlighting the need for clear processes and accurate record keeping.


More information

More detail about how DUAA affects charities is available from the Information Commissioner’s Office (ICO):


Need help?

If you need support reviewing your email marketing or consent processes, we can help.

Get in touch to discuss what would work best for your organisation.

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