DMA Meets ICO to Discuss Charitable Soft Opt-In Guidance

The meeting was constructive and productive. The ICO acknowledged the breadth and depth of feedback received from across the charity sector and outlined that there are a number of areas where its position remains under development as it considers responses to the consultation. The discussion covered several of the practical, legal and operational points raised by DMA members and reflected a clear willingness on the part of the ICO to listen and engage with sector concerns.

A central theme raised by members, and reflected in the meeting, is that the scale and diversity of modern fundraising activity is often not fully understood outside the sector. Fundraising today encompasses far more than direct donation appeals, spanning charity retail, lotteries, raffles, memberships, events, campaigns and digital engagement journeys that operate across charitable entities and trading subsidiaries. As the ICO recognised, understanding how these models operate in practice is essential to producing guidance that is clear, proportionate and workable.

The DMA reiterated its core recommendations, including the need for a unitary and practical interpretation of the charitable soft opt-in that reflects charity law, fundraising practice and consumer expectations. In particular, the DMA has consistently argued that guidance should avoid artificial distinctions between ‘charitable’ and ‘commercial’ activity where all revenue-generating activity exists to support charitable outcomes, and should not impose unnecessary complexity that risks deterring charities from adopting the soft opt-in at all.

The discussion also reflected the wider intent of the Data (Use and Access) Act to support innovation, clarity and responsible use of data, and the importance of regulatory guidance enabling charities to raise funds effectively for public benefit while maintaining strong transparency and opt-out protections for individuals.

The DMA welcomed the ICO’s openness to continued engagement and will remain available to provide further evidence, examples and operational insight as the guidance is refined. This includes drawing on the experience of charities of different sizes and models, as well as legal, data and fundraising expertise from across the membership.

Members are encouraged to continue sharing feedback, practical examples and questions with the DMA by emailing us to inform future discussions with the ICO. Ongoing engagement will be essential to ensuring that the final guidance delivers clarity, supports lawful innovation, and achieves the level playing field Parliament intended.