A new amendment to the Data (Use and Access) Bill will allow UK charities to send direct marketing emails to supporters without prior opt-in consent. Writing in NLJ this week, Janine Regan, legal director (commercial), Liz Gifford, senior associate (charities) and Courtney Benard, trainee solicitor (commercial) at Charles Russell Speechlys LLP explain how the change aligns charities with commercial entities, but warn that it comes with caveats
For example, charities must ensure ethical implementation, especially when dealing with vulnerable individuals. The authors urge charities to update privacy notices, segment databases, and conduct legitimate interest assessments.
While the sector welcomes the move, it follows years of scrutiny over intrusive fundraising. The authors stress that legacy supporters’ data cannot be repurposed under the new rule and that charities must tread carefully to avoid reputational harm. The Information Commissioner's Office is expected to issue further guidance before the law takes effect.
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