New law makes it easier for charities to send email marketing – how can charities take advantage and should they?

The soft opt-in has come into effect, allowing charities to send e-marketing more easily. This article examines how charities might take advantage.

The ‘soft opt-in’ is shorthand for an exemption in law to the usual requirement to obtain consent before sending electronic marketing when you are contacting individuals who have previously shown an interest in your work.

The soft opt-in had previously been available to businesses selling products/services to individuals, but has now been opened up to allow charities to take advantage to contact individuals with an interest in the charity’s work, for example to promote their purposes or to seek donations.

This article looks at the steps charities need to take in order to comply with the soft opt-in, but also looks at whether charities should take advantage of the changes.

How can charities take advantage of the soft opt-in?

The Data (Use and Access) Act 2025 allows charities to send marketing texts and emails to donors and supporters more easily. The changes that enable this came into force on 5 February 2026.

As a general rule, most marketing communications sent to individuals via email or text can only be sent with the user’s prior consent, which must have been obtained by the individual actively ‘opting in’ to receiving the communication.

There has long been a so-called “soft opt-in” available to businesses to market products and services to individuals where they have either purchased/enquired about purchasing similar products or services in the past. For example, a clothes retailer who has sold a pair of shoes to a customer could, after that purchase, send that person emails or texts about promotions relating to shirts sold by that retailer. It is only if the individual then requests not to receive such marketing material (opts out), should the business then cease sending it to that person.

The way in which the soft opt-in was structured did not permit charities to rely on it to send email/text marketing promoting its purposes or seeking donations to those who previously engaged with them.

The legislation has now been updated to allow charities to rely upon this soft opt-in provided:

1. The charity is sending the communication to further the charity’s purposes via text or email;

2. The charity obtained the contact information of the recipient because they expressed support or an interest in the charity’s purposes;

3. The charity gave the individual the opportunity to opt out of receiving marketing at the time of collection and in all future marketing correspondence. 

Charities using the soft opt‑in must still identify a lawful basis under UK GDPR for processing the personal data used in their marketing. In most cases this will be the charity’s legitimate interests. To rely on this, the charity should carry out a legitimate interests assessment to weigh its interests in sending the communication against the rights and freedoms of the individual, and it must ensure that information setting out the charity’s processing of personal data for these purposes is made available to individuals concerned in a privacy notice. The Information Commissioner’s Office (“ICO”) have a form of legitimate interests assessment here.

Should charities take advantage of the soft opt-in?

Opening up new routes to connect with potential supporters/donors is highly attractive to charities, however these opportunities need to be balanced against the reputational risks of sending unwanted communications.

The sector has suffered significant reputational damage in the fallout from past examples of overly intrusive fundraising efforts, most infamously in the case of Olive Cooke. Charities should therefore take care to ensure that any legitimate fundraising goals do not stray into overly aggressive or intrusive marketing communications.

The Fundraising Regulator has set out guidance on preparing for and using the soft opt-in, identifying good practice around transparency, supporter expectations and responsible communications strategies. Keep an eye out for more comprehensive guidance on the use of the soft opt-in which is currently being prepared by the ICO and the Fundraising Regulator.

Next steps

Charities should first review marketing and communications strategies to assess if they would benefit from utilising the soft opt-in, balancing reputational considerations alongside the desire to increase engagement/donations. Charities wishing to use the soft opt-in should:

• make sure that data collection includes an opportunity to opt out of future marketing. If that opportunity to opt out hasn’t been given at the point of collection the contact details cannot be used for marketing purposes on the basis of a soft opt-in going forward.

• undertake a legitimate interests assessment to demonstrate that the charity has a legitimate interest in processing the personal data for these purposes.

• update privacy notices to make clear that they will utilise the soft opt-in for these purposes.

• Finally, charities should keep an eye out for updated Fundraising Regulator/ICO guidance on how to best utilise the soft opt-in.

Other changes introduced by the Data (Use and Access) Act 2025 are also either in effect or due to come into effect shortly. Look out for further articles from Wrigleys on these changes.

If you would like to discuss any aspect of this article further, please contact the Charities and Social Economy team on 0113 244 6100.

You can also keep up to date by following Wrigleys Solicitors on LinkedIn.

The information in this article is necessarily of a general nature.  The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice, please feel free to contact Wrigleys Solicitors.