Fundraising by individuals
In June 2026 the Charity Commission has issued new guidance on raising money for charity. In an era of easily accessible technology, with a proliferation of funding platforms, individuals are more often taking a lead in charity fundraising. This guidance is aimed at supporting those individuals raising funds for charities, personal causes, and emergencies, and emphasises their responsibilities as they take a fundraising lead. The guidance draws out key points including:
- Understanding your fundraising platform (and costs)
- Being clear how the funds will be used (including information about deductible expenses, which charity (registered number), purpose, secondary purpose)
- Paying over the funds promptly
- Keeping clear records
- If you are completing a challenge being clear about the contingency plan or what happens if you fail, do you need to return the funds to the donor?
- Individuals may raise money on behalf of charities, directed and managed by the charity, or in aid of charities, on their own behalf.
If an individual is raising funds ‘in aid of’ a charity, their activities will not be regulated, but the guidance makes clear that individuals are encouraged to follow this advice and the standards relevant to their activity that are set out in the Code of Fundraising Practice, and must be supervised by the charity. If an individual has been asked by the charity to raise funds, they will be fundraising ‘on behalf of’ the charity. In this case, the fundraising is regulated by the Fundraising Regulator, and the individual must follow the Code of Fundraising Practice.
This will help to make sure fundraising is legal, open, honest and respectful. If an individual is unsure whether or not they have been formally instructed, they should check with the relevant charity first and ensure that they have appropriate support and training. Charities should be offering supervision and management in line with the fundraising code of practice.
Next steps
Individual fundraisers should ensure that they understand their responsibilities to donors and to charities and the role they have taken.
Understanding the behaviours in the code of fundraising practice will help individuals ensure their fundraising reflects good practice and protects the reputation of the charity they are raising money for.
Charities who encourage, formally or informally, individual fundraisers, should consider whether they have made available appropriate guidance to those engaging with the charity to help manage their reputation should things go wrong.
Fundraising soft opt-in
The commencement regulation for the The Data (Use and Access) Act 2025 (DUAA) was published in February 2026 and amends the Privacy and Electronic Communications Regulations 2003 (PECR) to introduce the charitable purposes soft opt-in.
Under current PECR rules, businesses can apply the soft opt-in to commercial transactions which essentially enables follow-up communications for customers who have previously expressed an interest that those goods or services.
The new legislation extends this to charities, with some key conditions.
- The contact details were obtained when the individual expressed interest, or supported the charity (e.g. donation, event)
- The new communication is solely to further charitable purposes, this includes but is not limited to fundraising appeals, campaign updates and volunteer engagement.
- The individual was given an opt out at the point of data collection, and is given an opt out in every message.
Systems and reputational considerations may mean that some charities will continue to work with their explicit opt-in approach. However for those who do want to take advantage of the change considerations should include:
- The legislation is not retrospective. Charities are therefore likely to only be able to implement it for donors and supporters who are recruited in the future. Depending on the charity’s approach this may be tricky to manage internally as some supporters will be contacted under the old consent regime, whereas others will be contacted on the basis of legitimate interest.
- Good record keeping and database management will therefore be important
- Privacy notices need to be reviewed and updated to explain to supporters the basis on which their personal data will be used to send direct marketing, and the types of communications they will receive. Opt-out statements also need to be added to all webpages and materials where people provide their contact details. An option to opt-out must be available in every communication
- The most appropriate legal basis for processing personal data using the soft opt-in exemption is legitimate interests. The charity should understand and assess the impact of changing their approach (from consent to legitimate interests), such as the impact on supporters and vulnerable persons, and update their policies to help ensure that people are not receiving too much marketing or feeling pressured to donate. The Fundraising Regulator in its blog ‘Update on soft opt-in and refreshed data privacy guide‘ reminds charities of the importance of rule 1.1.1 of the code fundraising must be legal, open, honest and respectful
- Guidance has been published by the Information Commissioner’s Office (ICO) including Guidance on direct marketing using electronic mail, Electronic mail marketing, Direct marketing guidance and further guidance is expected from the Fundraising Regulator.
Next steps
The practical impact of the change may mean that it is easier to:
- Grow mailing lists
- Re engage donors and volunteers
- Increase fundraising reach.
But brings with it increased reputational and compliance risks.
We recommend that charities consider the guidance from the ICO when considering whether and how they should revise their fundraising approach. Whilst some guidance has already been published further guidance is expected from both the Fundraising Regulator and the ICO which plans to issue PECR guidance for small organisations in summer 2026, so trustees may wish to plan a review later in the year.
If you would like to discuss further, please get in touch with our Charities & Non-Profit team.
Please note that this content is not intended to give specific technical advice. It is designed to highlight some of the key changes rather than provide an exhaustive explanation of the topics. Professional advice should always be sought before action is either taken or refrained from as a result of information contained herein.
