New law makes it easier for independent schools which are charities to send email marketing

How can these independent schools take advantage and should they?

The charitable purposes soft opt-in has come into effect, allowing charities, including independent schools which are charities, to send e-marketing more easily. This article examines how these specific independent schools might take advantage.

The ‘charitable purposes 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 or services to individuals, but has now been extended to charities so they can contact people who have expressed an interest in, or offered support for, the charity’s work. For independent schools which are charities, this opens up an opportunity to contact existing donors and supporters with fundraising and engagement communications.

This article looks at the steps these independent schools need to take in order to comply with the charitable purposes soft opt-in, but also looks at whether such schools should take advantage of the changes.

How can charitable independent schools take advantage of the charitable purposes soft opt-in?

The Data (Use and Access) Act 2025 has amended the law to allow 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 unless that person opts out of receiving such communications.

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

The requirements for the ‘charitable purposes soft opt-in’

The legislation has now been updated and independent schools that are charities can now rely on the charitable purposes soft opt-in provided:

1. The school is a charity.

2. The school obtained the recipient’s contact details directly from the recipient.

3. The school obtained those contact details because the recipient either expressed an interest in the school’s charitable purposes or offered/provided support to further those charitable purposes (for example, by donating or volunteering, or asking for information about charitable activities).

4. The sole purpose of the electronic marketing is to further one or more of the school’s charitable purposes.

5. The school (i) gave the recipient a simple means to refuse/opt out at the time the details were collected and (ii) includes a simple opt-out in every subsequent electronic marketing message.

UK GDPR compliance

Independent schools using the charitable purposes soft opt‑in must still identify a lawful basis under UK GDPR for processing the personal data used in their marketing (most likely by showing it was necessary to pursue a ‘legitimate interest’).

Schools should carry out and record a legitimate interests assessment to weigh their interests in sending the communications against the recipient’s rights and expectations, they must be transparent about this processing in an appropriate privacy notice, and they should also maintain effective suppression lists so that anyone who opts out is not contacted again by electronic marketing.

Practical points for schools

The charitable purposes soft opt‑in is most likely to be relevant to new alumni, parent/carer, and supporter records where the school collects contact details directly (e.g. via an online donation form or volunteer sign‑up) and offers a clear opt‑out at that point.

It cannot be used to ‘revive’ historical databases where no opt‑out was offered when the details were collected, and it does not apply where the details were collected by someone else on the school’s behalf (including many third‑party event platforms, professional fundraisers, agencies, or trading subsidiaries), unless the school itself is the organisation that obtained the details directly from the individual.

Should charitable independent schools take advantage of the soft opt-in?

The soft opt-in offers new attractive routes to connect with alumni, their families, and engage more closely with potential supporters and donors. These communications often form a key part of schools’ fundraising efforts. However, it will be essential for schools to balance these efforts alongside their own reputational concerns to protect their alumni and wider community networks.

More widely the charity 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. Independent schools should therefore take care to ensure that any legitimate fundraising goals do not stray into overly aggressive or intrusive marketing communications.

The soft opt-in does not allow independent schools to mine historical databases to re-engage alumni where no opt-out was offered at the time the contact details were collected.

Next steps for charitable independent schools

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

• Make sure any new data collection (for example, at an alumni reunion or via an online form) includes a clear, simple opportunity to opt out of electronic marketing at the point of collection.

• Ensure that the sole purpose of the message is to further the school’s charitable purposes, and avoid mixing in unrelated commercial promotions (for example, third‑party offers).

• Include a simple opt-out in every email/text and maintain suppression lists to prevent further electronic marketing to those who have opted out.

• Undertake and document a legitimate interests assessment to demonstrate UK GDPR compliance and update privacy notices so that individuals understand how  you will use their data for fundraising and engagement communications.

• Review the ICO guidance before implementing the charitable purposes soft opt in and look out for further guidance from the Fundraising Regulator, expected soon.

Managing Associate, Hayley Marsden, and Associate, Nick Dunn, will be attending the IDPE Conference on 18 and 19 May. Nick will be speaking in the Monday afternoon session, “Soft opt-in: a game changer for schools’ development”, where he will explore the new soft opt-in for charities and what this means for school fundraising, alongside James McLeod, Data Manager at Harrow School, and Claire Stanley, Director of Policy and Communications at the Chartered Institute of Fundraising. If you are attending the conference, please come and see Hayley and Nick at stand number 28.

If you would like to discuss any aspect of this article further, please contact our Education team on 0113 244 6100.

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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.