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NLJ this week: Charities win soft opt-in—but must tread carefully

27 June 2025
Issue: 8122 / Categories: Legal News , Charities , Marketing , Data protection , Privacy
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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.

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Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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