Email marketing rule change promises transformative impact for charities
In a move set to revolutionise the charity sector, the government has accepted an amendment to email marketing rules that could increase annual donations to charities by an estimated £290 million. This is a big move for our sector, where we’re already grappling with soaring demand and tightening budgets, this change could provide a much-needed boost.
The amendment, introduced as part of the Data (Use and Access) Bill, addresses a long-standing inequity in how organisations are allowed to communicate with their audiences. Until now, charities were bound by stricter consent rules than their commercial counterparts. This change is being celebrated as a victory for fairness and common sense, promising to level the playing field between non-profits and businesses in their ability to engage supporters.
At Movement we’re a bit of a nerd for email marketing and any other comms channel for campaigners, so we’re ready to help navigate clients and friends through the new soft opt-in option should it come into play after February.
The case for soft opt-In
For years, businesses have been able to use “soft opt-in” rules to send electronic marketing communications to customers without their explicit prior consent. Under these rules, if a person’s contact details were collected during the sale of a product or service, businesses could follow up with promotional emails.
Charities, however, were excluded from this provision. They were required to obtain explicit consent at the point of data collection—a process that, while well-intentioned, often resulted in lost opportunities to build lasting relationships with donors.
The Data & Marketing Association (DMA), a leading voice for the sector, had long campaigned for this disparity to be addressed. In a letter to science secretary Peter Kyle, the DMA called for changes to the bill, arguing that charities should be granted the same privileges as businesses when it comes to contacting their supporters.
The previous Conservative government introduced a similar proposal in an earlier version of the bill, but it was shelved when the legislation failed to progress before the general election. Now, thanks to an amendment proposed by Liberal Democrat peer Lord Clement-Jones, the clause has been reinstated.
A win for the sector
Lord Clement-Jones made a compelling case for the amendment, stating:
“This amendment seeks to enable charities to communicate to donors in the same way that businesses have been able to communicate to customers since 2003. The clause intends to help facilitate greater fundraising and support the work charities do for society.”
The amendment has been met with widespread praise from within the charity sector. The DMA described the decision as a “significant step forward” in empowering charities to strengthen their relationships with supporters and innovate their marketing strategies.
In a statement, the DMA emphasised the importance of this change in the current climate:
“By extending this measure—currently available only for commercial messages—the government has shown it is willing to listen to charities and act to unlock more fundraising opportunities. In a time of consistent challenges for charities, this is important.”
Level playing field with businesses
The Chartered Institute of Fundraising (CIoF) has also welcomed the amendment, which it sees as a long-overdue recognition of the vital role charities play in society. Claire Stanley, director of policy and communications at the CIoF, highlighted the significance of the change:
“We are delighted to hear that the soft opt-in to email marketing will be extended to charities as part of the Data Use and Access Bill. This is something we have been calling for on behalf of our members for some time.
“It’s a significant win for the sector and will finally put charities on a level playing field with commercial organisations, which have benefitted from soft opt-in since the introduction of the Privacy and Electronic Communications Regulations back in 2003.”
Stanley also noted the government’s willingness to listen to the sector and respond to its needs during a challenging time:
“Crucially, it’s shown a willingness from the government to listen to the sector at a time when it is facing multiple challenges to deliver services amid rocketing demand. We are looking forward to working with government on this and will keep our members updated on the next steps.”
Looking ahead
The Data (Use and Access) Bill, which includes the soft opt-in amendment, is nearing the final stages of its journey through Parliament. After being debated in the House of Lords, the bill is set to proceed to the House of Commons in February.
The DMA has expressed optimism about the bill’s progress, anticipating a “swift passage” through the Commons. If enacted, the legislation will mark a turning point for charities, unlocking new avenues for fundraising and community engagement.
A catalyst for innovation
The implications of this amendment extend far beyond the financial boost it promises to deliver. By enabling charities to adopt the same marketing strategies as businesses, the change could usher in a new era of innovation within the sector.
With the ability to communicate more freely with donors, charities will be better positioned to reach new communities, share their stories, and push for action to be taken. At a time when public support is more critical than ever, this amendment represents an invaluable opportunity to strengthen the sector’s resilience and reach.
If you’d like support navigating this change in policy or any other help in growing support for your cause then get in touch with us below:
