Section 114 — Direct Marketing by Charities (Detailed Explanation)

Section 114 updates the rules in the Privacy and Electronic Communications Regulations (PEC Regulations) to give charities more flexibility to send direct marketing emails, while still protecting individuals’ rights.

Here’s what it actually changes.

1. Charities can rely on a new, charity‑specific “soft opt‑in”

Under the old PECR rules, the “soft opt‑in” (sending marketing emails without explicit consent) was only available to commercial organisations and only for selling products or services.

Charities were excluded.

Section 114 fixes that.

What this means:

Charities can now send direct marketing emails to individuals without explicit consent, if:

the individual gave their email address directly to the charity,
in the course of engaging with the charity (e.g., donating, signing up for an event, volunteering, requesting information),
the charity gave a clear opportunity to opt out at the time,
and the charity includes an opt‑out in every email.

This is a major shift — it puts charities on a more level playing field with commercial organisations.

2. The definition of “direct marketing” for charities is clarified

The Act confirms that charity marketing includes:

fundraising appeals
event invitations
newsletters with fundraising asks
campaigns encouraging support or participation

This clarity matters because previously, some charities were unsure whether certain communications counted as “marketing” and therefore avoided sending them.

3. Safeguards remain — this is not a free‑for‑all

Even with the new flexibility, charities must still:

Provide clear, simple opt‑outs
Respect all opt‑outs immediately
Only market their own charitable aims (no third‑party marketing under soft opt‑in)
Be transparent about how they use personal data
Avoid excessive or intrusive messaging

The ICO will still enforce breaches.

4. This does not change the rules for SMS, phone calls, or postal marketing

Section 114 applies only to email.

Other channels remain under existing PECR rules.

5. This change is designed to support the charity sector

The government’s stated intention behind Section 114 was to:

reduce administrative burdens on charities,
help them maintain donor relationships,
and support fundraising in a financially challenging environment.

It’s a targeted relaxation, not a broad deregulation.

6. Practical examples

Allowed under Section 114

A donor gives £10 online → the charity can email them later about a new fundraising campaign, unless they opted out.
Someone signs up for a charity’s newsletter → the charity can email them about events and appeals.
A volunteer registers for an event → the charity can email them about future volunteering opportunities.

Not allowed

Emailing people whose details were purchased or obtained from third parties.
Emailing people who opted out previously.
Emailing about commercial partner promotions (e.g., “10% off at XYZ retailer”).

7. What charities should do next

To use the new flexibility safely, charities should:

Update privacy notices
Update sign‑up forms to include a clear opt‑out
Review email marketing systems to ensure opt‑outs are honoured
Train staff and volunteers
Document their lawful basis for marketing

This is especially important because the ICO’s enforcement powers are also being strengthened elsewhere in the Act.

If you want, I can also create:

a model consent/opt‑out wording for charity sign‑up forms
a one‑page internal guidance note for fundraising teams
a risk‑based checklist for compliant charity email marketing

Just tell me what would help you most.