Charity Marketing Law: Rules, Compliance and Best Practice | LegalDocuments.co.uk

Overview

Charity marketing law is not a single statute. It is a patchwork of rules drawn from the Charities Act 2011, the CAP Code (for non-broadcast ads) and BCAP Code (for broadcast ads) administered by the Advertising Standards Authority, the Fundraising Regulator's Code of Fundraising Practice, consumer protection legislation, and data protection law under the UK GDPR and the Privacy and Electronic Communications Regulations (PECR).

On top of that, anything involving a commercial partner triggers the 'commercial participator' rules in Part 13 of the Charities Act, which require a written agreement and specific disclosures to donors. The practical effect is that a charity promoting itself, or a business promoting a product linked to a charity, has to think about truthfulness of claims, how donations are described, whether consent has been captured properly for marketing contact, and whether trustees have signed off the arrangement. Getting this right protects public trust, which for a charity is worth more than any single campaign.

Key steps

1. Map the campaign before you write any copy. Identify every legal touchpoint: is there a commercial partner, are you asking for donations, are you collecting personal data, are you making claims about outcomes or impact? Each answer opens a different rulebook, and knowing which ones apply before the creative starts saves expensive rewrites and reputational bruises later on.
2. Pin down the donation mechanics in plain numbers. If a promotion says money goes to charity, you need to state exactly how much, on what basis, and for how long. A line like '20p from every pack sold between 1 March and 30 April goes to XYZ Charity' is the sort of specificity the CAP Code expects. Vague phrases like 'proceeds to charity' will not survive a complaint.
3. Put commercial participator agreements in writing. Where a business markets something on the basis that contributions go to a charity, the law requires a written agreement covering the parties, duration, how much the charity receives and how it is calculated. Trustees should see and approve it, and the charity should be able to audit what was raised.
4. Handle data like a grown-up. Email, SMS and phone marketing to individuals need a lawful basis under UK GDPR and, usually, consent under PECR. Keep clear records of when and how consent was given, offer an easy unsubscribe on every message, and suppress anyone on the Fundraising Preference Service. Sloppy data practice is where charities most often end up in the regulator's inbox.
5. Review, retain evidence, and be ready to justify claims. Before a campaign goes live, have someone independent check the copy against CAP Code rules on misleading advertising, substantiation, and comparative claims. Keep the evidence base, research, impact figures, donation calculations, on file for at least three years so you can respond quickly if the ASA or Fundraising Regulator comes asking.

Common questions