Understanding the Data (Use and Access) Act 2025

21 November 2025|

The new Data (Use and Access) Act 2025 (DUAA), signed into law in June 2025, brings welcome changes for fundraisers by significantly altering how charities can communicate with their supporters. For the first time, you’ll be able to rely on ‘soft opt-in’ for direct electronic marketing via email, text, and social media messages, although telephone marketing remains excluded.

From late 2025, this means you’ll be able to email or text supporters who’ve shared their contact details while supporting your charity, unless they choose to opt out. The approach relies on the ‘legitimate interest’ lawful basis for processing personal data under UK GDPR law.

These changes are about making it easier to stay in touch with people who already care about your cause, without the need for endless consent forms. They open up important opportunities to strengthen supporter engagement while maintaining transparency and trust. However, the Act only applies to new donors and supporters recruited in the future. That means you’ll be operating two concurrent systems: one  for existing supporters contacted under consent, and one for newly recruited supporters contacted through legitimate interest.

Understanding ‘Soft Opt-In’
The ‘soft opt-in’ provision under data protection and electronic marketing regulations allows organisations to send direct marketing communications by email or text without requiring prior explicit consent, as long as certain conditions are met.
For fundraisers, this means you may contact supporters electronically if:
  • They’ve previously engaged with your charity by making a donation, registering for an event, or requesting information.
  • They were given an opportunity to opt out of electronic communications when their details were collected.
  • You continue to offer an opt-out option in every communication, so supporters can withdraw consent at any time.
Key Changes and Implications
This change, taking effect in late 2025, represents a significant opportunity for fundraisers to communicate more effectively with their supporter base, share campaign updates and activities, and encourage further engagement whilst respecting individuals’ privacy rights and choices.
The Act relies on legitimate interest rather than consent as the lawful basis for processing data. To use this approach, charities will need to complete a Legitimate Interest Assessment (LIA) to demonstrate it’s appropriate and ensure people are given an opt-out opportunity when their personal data is first collected.
In practical terms, now is an ideal time for your charity to prepare by:
  • Reviewing existing databases to ensure accurate recording of marketing preferences for compliance.
  • Conducting legitimate interest assessments to determine whether ‘soft opt-in’ is appropriate for your organisation. 
  • Training your staff and volunteers on the new requirements for engaging with supporters and planning future communications.
Looking Ahead
The Data (Use and Access) Act is a positive step for charities and fundraisers – recognising that keeping in touch with your supporters is part of good relationship building, not intrusion.
This summary is intended to help you understand the headline changes and their implications for fundraising practice. That said, it shouldn’t be taken as legal advice. We’d recommend always checking official sources, conducting your own compliance research and seeking specialist guidance in case of any uncertainty.

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