Part 5: Data Protection and Privacy Chapter 2: Privacy and electronic communications Section 114: Use of electronic mail for direct marketing by charities
Section 114 amends regulation 22 of the PEC Regulations. This regulation applies to the transmission of unsolicited communications by electronic mail to individual subscribers. Electronic mail is defined in regulation 2 and covers among others, communication by emails or text messages. Under paragraph (2) unsolicited communication by such means is in principle, prohibited without the recipient’s consent, unless exceptions apply.
	Currently regulation 22 of the PEC Regulations provides for one exception. It allows anyone (companies, charities, or other organisations) to send electronic marketing communications to an individual (recipient) without their explicit consent, if their contact details were collected during the sale of a product or service, or negotiations of a sale. The direct marketing materials benefiting from this exception may only concern similar products and services and the individual recipient must be offered a simple means of opting out of receiving marketing communications, both at the time the contact details are collected and in all subsequent communication sent. Both safeguards are aimed at limiting an individual’s exposure to spam and nuisance communications. This exception is commonly known as the ‘soft opt-in'.
	Section 114 adds a new exception to regulation 22 available only to charities. It allows charities to send direct marketing for the purposes of furthering one or more of their charitable purposes (for definitions see para 879 below). This could include communications regarding their campaigning or fundraising activities.
	Subsection (1) sets out that regulation 22 of the PEC Regulations is amended as per the subsections (2) to (4).
	Subsection (2) makes a consequential amendment to regulation 22(2) of the PEC Regulations, including a reference to the new paragraph (3A).
	Subsection (3) inserts new paragraph (3A) into regulation 22 of the PEC Regulations. New paragraph (3A) creates a new exception allowing a charity to send or instigate the sending of electronic mail for the purpose of direct marketing. Subparagraphs (a)-(c) set out the conditions for this exception.
	Under subparagraph (a) the sole purpose of the direct marketing must be furthering one or more of their charitable objectives.
	Subparagraph (b) sets out that the charity must have obtained the contact of the recipient of the electronic mail, to be able to rely on the soft opt-in. That is, in the course of the recipient either (i) expressing an interest in one or more of the purposes that were the charity’s charitable purposes at that time; or (ii) offering or providing support to further one or more of those purposes. An individual may "express an interest" for example by visiting the charity’s website or premises to request information on a particular campaign. Examples of offering or providing support may be through volunteering for the charity or by making a donation.
	Subparagraph (c) provides that the individual recipient must be given a simple way of opting out of receiving communications at the point their contact details were collected as well as in each subsequent communication sent to that individual.
	Subsection (4) inserts a new paragraph 5 into regulation 22 of the PEC Regulations. It defines a "charity" and "charitable purpose" for the purpose of this regulation. Only charities subject to the relevant UK charities regulatory framework can rely on this new exception and only to further their charitable purposes. ‘Charitable purposes’ must be interpreted according to relevant legislation.