Introduction

The charity sector in Northern Ireland and the rest of the UK has long faced challenges in reaching out to supporters through direct marketing communications.  Unlike commercial organisations, most charities have been unable to utilise the 'soft opt-in' exemption, which allows businesses to send marketing emails without explicit consent. However, a recent amendment to the Data (Use and Access) Bill (DUA Bill) promises to level the playing field, enabling charities to benefit from this exemption and increase revenue generation.

Current law

Under the current Privacy and Electronic Communications Regulations 2003 (PECR), organisations must obtain explicit consent to send electronic direct marketing communications.  The 'soft opt-in' exemption allows businesses to send marketing emails to existing customers without specific consent,