Charity soft opt-in: what fundraisers need to know

There are not many topics that can make a room full of fundraisers sit up quite like data protection.

Not because it is glamorous. Not because anyone is desperate for another policy update. But because the second the rules around supporter communications change, the questions start flying.

Can we email more people now?
Should we?
What counts as interest?
And how do we use this without damaging trust?

That is exactly why the new charitable purpose soft opt-in matters.

The change comes from the Data (Use and Access) Act 2025. It creates a new route for charities to send some electronic marketing, including emails and texts, to people who have shown interest in or offered support to the charity, without relying on traditional consent, as long as specific conditions are met. The Act received Royal Assent on 19 June 2025, and the relevant soft opt-in provisions came into force on 5 February 2026.

That sounds simple enough on paper. In practice, there is still a lot for charities to think through.

Because this is not just a legal change. It is a supporter experience decision.\

This blog has been inspired by one of the talks from our London In-Person event. The session was titled: BREAKING NEWS: Email Soft Opt-in now in force in the UK delivered by Mark Burnett, CEO of Hope&May.

First things first: what has actually changed?

The headline is this: charities now have a new lawful route for some electronic direct marketing linked to their charitable purposes.

According to the ICO’s summary of the law, a charity can use the charitable purpose soft opt-in when it:

obtained the person’s contact details when they expressed an interest in or offered support to the charity’s charitable purposes
gave them an opportunity to opt out when their details were first collected
gives them an opt-out each time they are contacted.

The ICO has also been clear that charities should prepare carefully. Its published advice says charities planning to use the soft opt-in should update privacy notices, explain the approach when contact details are first collected, keep consent and soft opt-in audiences on separate lists, and train staff to deal with questions and complaints.

That last bit matters more than it might seem.

Because while this change could make supporter communications easier, it does not remove the need to be open, respectful, and thoughtful.

This is not just a data conversation

One of the strongest points in the session at Fundraising London was that the conversation cannot start and end with a checkbox.

Yes, systems matter. Yes, wording matters. Yes, your privacy notice matters.

But the first question is not “Can we add this person to a mailing list?”

The first question is “What kind of experience are we creating for this person?”

That is especially important if you work with people who may be in vulnerable situations, people accessing services, or people whose connection to your cause is complex. The legal route may exist, but that does not automatically make every message the right message.

The Fundraising Regulator’s own messaging has leaned in that direction too. It said charities should make decisions in line with their legal obligations and the Code of Fundraising Practice, and it published information to help charities prepare carefully rather than rush in.

So before you change anything operationally, it is worth getting the right people around the table:

fundraising
marketing
data or CRM
supporter care
service delivery teams where relevant

Because a good soft opt-in strategy should reflect both compliance and care.

The real challenge is not the law. It is the phrase “expressed an interest”

This is where things get interesting.

The law opens the door, but it still leaves charities with a judgment call. What exactly counts as someone expressing an interest?

That will not look the same for every organisation.

For some charities, the answer may be fairly straightforward:

signing up to attend an event
downloading a resource
starting to volunteer
asking for more information
making an enquiry about a campaign or service

For others, the edges are murkier:

liking a social post
attending a partner event
donating to someone else’s fundraising page
using a service once
interacting in a way that is clearly engaged, but not explicitly promotional

The ICO has already signalled that charities need to explain why someone is receiving marketing from them and be ready to justify how the soft opt-in is being used.

That means your organisation should not just make a decision. It should document the reasoning behind it.

Not because you need a dramatic 20-page policy. You do not.

But because if your team decides that certain actions count as expression of interest, you should be able to explain:

what happened before that interaction
what the person would reasonably expect next
what they were told at the point of data capture
how easy it is for them to opt out

That is where this becomes less about loopholes and more about confidence.

The opportunity is real, but so is the responsibility

There is a reason so many charities welcomed this change.

Traditional consent can be fragile. It can expire in practice. It can be difficult to maintain well. And re-consenting entire audiences is famously risky, because many people simply do not respond.

The charitable purpose soft opt-in offers a more flexible route for charities that want to keep relevant supporters informed about ways they can help, as long as that is done transparently and with a genuine opt-out. The ICO itself describes the change as an opportunity for charities to strengthen supporter connections if used legally and responsibly.

There is also a wider fundraising context here. Sector research suggests many charities continue to look for growth in events and supporter activity, and audience-building remains a live priority. Enthuse’s Charity Pulse 2025 reported that 49% of charities expected income from challenge events such as runs, walks and swims to increase. JustGiving’s 2025 Event Fundraising Report also found that 75% of event participants who chose to fundraise for a charity had not fundraised for that charity previously.

That matters because it shows just how often charities are meeting people for the first time through moments of interest and action.

The soft opt-in could help charities build on those moments better.

But only if they resist the temptation to treat it as a volume play.

More contacts does not automatically mean more trust.
More emails does not automatically mean more income.
And more reach is only helpful if the relationship behind it feels real.

What charities should do next

You do not need to panic. But you do need a plan.

A sensible next step list looks like this:

1. Map where “interest” happens

Look at every touchpoint where supporters, participants, donors, volunteers, or beneficiaries interact with you. Identify where someone might reasonably be said to have expressed interest.

2. Decide what counts, and write it down

Create a simple internal position on what your organisation will treat as expression of interest, and where you will draw the line.

3. Review your privacy wording

The ICO says you must update your privacy notice if you intend to use the charitable purpose soft opt-in. This should be clear, prominent, and easy to understand.