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27 June 2025
Issue: 8122 / Categories: Legal News , Charities , Marketing , Data protection , Privacy
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NLJ this week: Charities win soft opt-in—but must tread carefully

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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.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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