Charities, fundraising emails, and the Data (Use and Access) Act 2025: what you need to know
- Privacy Protect Group Ltd.
- Jun 30
- 3 min read
Updated: Jul 23
The Data (Use and Access) Act 2025 (DUAA 2025) (1) has officially passed and with it comes a shift in how charities can communicate with their supporters. One of the most talked about changes? Charities can now send certain marketing emails without needing explicit consent from individuals. But before you hit “send,” let’s unpack what is actually allowed.
The old rule: consent was king
Under Regulation 22 of the Privacy and Electronic Communications Regulations 2003 (PECR) (2), organisations couldn’t send direct marketing emails or texts to individuals unless they had specific consent. There was a narrow exception (the “soft opt-in”) but it only applied when contact details were collected during the sale (or negotiation) of a product or service.
That left most charities out in the cold. Why? Because they don’t typically sell products or services, so they couldn’t rely on the soft opt-in.
The game changer: Section 114 of the DUAA 2025
Enter Section 114 of DUAA 2025. This provision extends the soft opt-in to charities, allowing them to send direct electronic marketing to individuals who have:
Previously expressed interest in or supported the charity’s purposes (Regulation 22, Paragraph 3A(b)(i and ii), and
Are contacted solely to further those charitable purposes (Regulation 22, Paragraph 3A(a), and
The individuals have been given a simple means of refusing the use of their contact details for the purposes of direct marketing for a charity (Regulation 22, Paragraph 3A(c)).
This means that if someone signed a petition, attended an event, or donated in the past, the charity may now be able to email them about fundraising or campaigns, even if they didn’t tick a consent box.
What about fundraising emails?
Here’s where it gets nuanced. Fundraising isn’t a charitable purpose in itself, it is a means to an end. But the government has made its intention clear. When introducing the amendment, Lord Vallance stated that the amendment will permit charities to send marketing material, for example, promoting campaigns or fundraising activities, to people who have previously expressed an interest in their charitable purposes, without seeking express consent (3).
So, that’s a strong indication that fundraising emails are in scope, provided they’re sent to individuals who’ve previously engaged with the charity and the content aligns with its mission.
Proceed with caution
This isn’t a green light to flood inboxes. Charities must still:
Offer a clear opt-out at the point of data collection and in every message.
Respect unsubscribe requests promptly.
Be mindful that the DUAA 2025 aligns the enforcement regime of the UK GDPR, Data Protection Act 2018 (DPA 2018) (4) and PECR, meaning that the current cap of fines of £500,000 under PECR will now increase to the same level as the GDPR -to £17.5 million or 4% of global turnover, whichever is higher.
What this means for charities
In a time of financial pressure, this change offers a welcome opportunity to reconnect with supporters and boost fundraising efforts, ethically and lawfully. But it also demands care, transparency, and a renewed focus on trust and accountability.
References
(1) HM Government, (2025). Data (Use and Access) Act 2025. Available at: https://www.legislation.gov.uk/ukpga/2025/18/introduction/enacted (Accessed: 30 June 2025).
(2) HM Government, (2016). The Privacy and Electronic Communications (EC Directive) Regulations 2003. Available at (https://www.legislation.gov.uk/uksi/2003/2426/regulation/22 (Accessed: 30 June 2025).
(3) UK Parliament, (2025). Data (Use and Access) Bill - Volume 842: debated on Tuesday 21 January 2025. Available at: https://hansard.parliament.uk/Lords/2025-01-21/debates/24423D96-CD94-4AFB-A47B-DCF3AB3B350B/Data(UseAndAccess)Bill(HL)#contribution-C7A95091-6987-46CA-A48D-E85ABC89B9E4 (Accessed: 30 June 2025).
(4) HM Government, (2018). Data Protection Act 2018. Available at: https://www.legislation.gov.uk/ukpga/2018/12/contents (Accessed: 30 June 2025).
