The Impact of The Data (Use and Access) Act on Charity Emails

A small but significant change in UK data law could make life a little easier for charity marketers. When the GDPR was first brought in, I remember feeling like I needed a law degree just to send an email. If you’ve ever felt like that too, I think you’ll like this update.

The UK’s new Data (Use and Access) Act 2025

The UK’s new Data (Use and Access) Act 2025 brings a helpful tweak to how charities can contact supporters. Under the updated rules, charities will soon be able to rely on a version of the ‘soft opt-in’. This will bring charities in line with commercial businesses. In the same way that commercial businesses can email existing customers about related products, (even if they haven’t explicitly opted in), charities will be able to email existing supporters based on legitimate interest rather than requiring explicit consent.

In practice, it means that if someone’s supported you before, and you’re contacting them about something genuinely connected (say, another donation ask or event), you can email them even if they haven’t opted in to marketing communications.

What’s the catch?

Before you get too excited, there are a few catches:

• In each use case, you should consider whether it’s appropriate to rely on the ‘soft opt-in’. For example, it might not be appropriate for a service user or beneficiary to be sent marketing emails.
• You will need clear documentation about your reason for using legitimate interest as the basis for emailing supporters (balancing your supporters’ needs against your supporters’ right to privacy).
• You’ll still need to give people a clear way to opt out, every time you email them.
• You’ll need to record who’s been contacted and when.
• Your messaging must be relevant to the recipient.

For small charities in particular, this could make supporter re-engagement a bit simpler, as long as you keep transparency front and centre.

What to do next

Conduct a Legitimate Interest Assessment. Clearly document when you will use legitimate interest as your reason for contacting supporters and your (balanced) reasoning for doing so.

Review your consent statements. Are they clear and easy to find?

Make sure every email includes a simple ‘opt-out’ link.

Double check your supporter database can record consent and preferences accurately.

Train anyone who sends supporter emails so they understand the new rule.

Keep an eye on the Fundraising Regulator’s updates.

The Takeaway

It’s rare that data law changes feel like good news, but this one’s worth a smile. Used well, it could help more supporters stay connected to the causes they care about, without anyone feeling spammed or blindsided.

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