Fundraising Regulator publishes new guide to help charities comply with charitable purposes soft opt-in
The Fundraising Regulator has today published a new practical guide to charitable purposes soft opt-in to help charities comply with the recent change to direct electronic marketing law. The guide also helps charitable fundraising organisations comply with the Code of Fundraising Practice (the code) and the law, whenever they are carrying out fundraising marketing.
The new guide sits alongside the Fundraising Regulator’s recent publication on data privacy and fundraising and complements the regulatory guidance on direct electronic mail marketing published by the Information Commissioner’s Office, the regulator of information rights in the UK.
The charitable purposes soft opt-in provision provides charities with a new way of sending direct electronic fundraising marketing to charity supporters. As long as all the necessary legal criteria are met, marketing, such as by email and text, can now be sent to charity supporters without their consent unless they opt out.
The guide takes a user-friendly and practical approach to helping charities implement the charitable purposes soft-opt in provision by including realistic examples of how to use it lawfully and responsibly.
Taking a step-by-step approach, the guide helps charities carefully consider if the new ‘soft opt-in’ is right for them, their supporters and beneficiaries before implementing it. This includes assessing the potential impact of sending marketing to recipients, carrying out appropriate legitimate interest assessments, reviewing their data policies and processes, making sure relevant staff and volunteers are trained in the new provision, and regularly monitoring its use to ensure compliance.
Although charitable purposes soft opt-in is only available to organisations recognised as charities in law, the guide is also relevant to organisations that carry out fundraising marketing more broadly. It covers the use of personal data in marketing, telephone and postal marketing, donor prospect research, as well as direct electronic mail
This publication follows recent changes to electronic marketing legislation and forms part of the Fundraising Regulator’s wider programme of compliance support to fundraising organisations in meeting the requirements of the code.
Gerald Oppenheim, CEO, Fundraising Regulator:
“The introduction of charitable purposes soft opt-in is a significant development for charities carrying out fundraising marketing.
While the new provision may provide additional opportunities for some organisations to engage with supporters, charities must understand the legal requirements and consider carefully whether using soft opt-in is appropriate for their circumstances.
Our new guide is designed to help charities navigate these changes confidently and responsibly. It reinforces the importance of fundraising that is legal, open, honest and respectful, while providing practical information about fundraising marketing and the standards we expect organisations to meet.
Charities should use the guide alongside the Information Commissioner’s Office regulatory guidance and seek specialist advice where appropriate.”