Guest Blog by :
The Information Commissioner’s Office (ICO) has issued guidance on the new “charitable purposes” soft opt-in under the Privacy and Electronic Communications Regulations (PECR). This allows charities to send certain electronic marketing without explicit consent, but only in limited circumstances.
Background: Sending emails and text messages under PECR
PECR sets the rules for electronic marketing. Generally, organisations must have consent to send emails or texts, meaning individuals must actively agree, for example by ticking a box.
There is, however, a limited exception known as the “soft opt-in.”
Soft Opt-In: Meaning and how it now applies to Charities
The soft opt-in allows organisations to send marketing emails or texts without explicit consent if certain conditions are met. Traditionally, it applied only in commercial contexts where contact details were collected during a sale or negotiation, marketing related to similar products or services, and a clear opt-out was provided at collection and in every message. This did not apply to charities.
Following changes under the Data (Use and Access) Act (DUAA), a version of the soft opt-in now applies to charities. This means charities may, in some cases, send marketing that supports their charitable purposes without prior consent, subject to strict ICO guidance.
Who Can Use the Charitable Soft Opt-In?
Only organisations that meet the legal definition of a charity under UK law can rely on this rule. Definitions vary slightly across UK nations, so organisations must confirm eligibility.
When Does It Apply?
The soft opt-in applies only to contact details collected on or after 5 February 2026. It cannot be applied retrospectively. For data collected earlier, charities must continue to rely on consent for these channels.
Who Can You Contact?
To rely on the soft opt-in:
- Contact details must be collected directly from the individual (not third parties or group entities)
- The individual must have engaged with your charitable purposes, either by expressing interest or offering support (e.g. donating or volunteering). Active engagement is more likely to qualify than passive interactions
- Beneficiaries or service users may qualify, but extra care is needed. Where individuals may be vulnerable, charities should assess whether marketing is appropriate. A Legitimate Interests Assessment (LIA) should be carried out and soft opt-in may not always be suitable.
What Can You Send?
The soft opt-in can only be used for marketing that furthers your own charitable purposes. This includes fundraising, donation appeals, volunteer requests, and updates on programmes or campaigns. It must not be used to promote other organisations, including partners.
Opt-Out Requirements
- At collection: Individuals must be given a clear and simple opportunity to opt out when their details are collected (e.g. tick box or verbal option). This cannot be hidden in a privacy notice or provided later
- In every message: Each communication must include a simple, free way to opt out (e.g. unsubscribe link or “reply STOP”), without requiring login or multiple steps
Using Both Soft Opt-Ins
Before this change, organisations could use a separate soft opt-in for marketing products or services. Charities may now rely on both this and the charitable soft opt-in.
If so:
- Provide separate opt-outs at the point of collection
- Ensure each message only includes permitted content
- Keep clear records, as individuals may qualify under different rules
What Should Charities Do Now?
Charities should:
- Identify individuals whose data was collected from 5 February 2026 onwards and whose preferences are unknown
- Separate those who have given consent from those relying on soft opt-in
- Update collection points to include clear opt-outs
- Update privacy notices and train staff
- Exercise caution with beneficiaries or vulnerable individuals; do not use soft opt-in where it may cause harm
- Carry out a Legitimate Interests Assessment where appropriate
- Keep clear records of data collection, messaging, and legal basis
Finally, remember the soft opt-in is optional. Charities can still choose to obtain consent, especially where broader marketing is planned or greater certainty is needed.
Key Takeaway
The charitable soft opt-in offers an alternative to consent in limited cases, but it is narrow and strictly regulated. Careful use, clear communication, and strong record-keeping are essential for compliance.
If your organisation is considering relying on the soft opt-in and would like guidance on the associated compliance requirements, please contact info@hope-may.com.