Key Takeaways: What changed?
The Information Commissioner’s Office (ICO) published final guidance on the “charitable purposes soft opt-in”, following the Data (Use and Access) Act 2025 coming into force on 5 February 2026.
In short: charities may be able to send direct marketing by electronic mail (including email, text and direct messages on social media) to people who have expressed an interest in, or offered to support, the charity’s purpose without getting prior consent, as long as strict conditions are met.
That’s a big deal for small charities who rely on relationship-building and repeat giving; and who don’t have the budget for complex marketing tech.
If you’re a UK charity, 2026 brought a genuinely useful change to the rules around electronic fundraising and supporter communications: the “charitable purposes soft opt-in”. Used properly, it can help you keep in touch with people who have already shown interest in your cause; without forcing you into a “consent-or-nothing” corner. Used badly, it can backfire fast: complaints, unsubscribes, reputational damage, and a loss of trust.
This post explains what changed, what “soft opt-in” does (and doesn’t) allow, and gives you a practical, simple checklist you can hand to your fundraiser, comms lead, or trustee.
Why this matters right now (and why trustees should care)
Two things are happening at once:
- Fundraising teams want to communicate more consistently, especially when costs are rising and donor attention is fragmented.
- Public trust is fragile. If supporters feel spammed, they’ll opt out; and they’ll tell others.
The Fundraising Regulator has been clear that soft opt-in is an opportunity, but charities must avoid using it in ways that could damage public trust and confidence in fundraising.
What counts as “electronic mail”?
In the ICO’s framing, this includes:
- Email newsletters and appeals
- SMS/text fundraising messages
- Direct messages on social media platforms
So yes, it’s broader than “just email”, but it’s still not a free-for-all.
The practical checklist: can we use charitable soft opt-in?
Use this as a decision tree. If you hit a “no”, stop and use a consent-based approach instead.
1) Did the person show genuine interest or offer support?
Examples might include:
- Donated (online or offline)
- Signed up for an event
- Volunteered or enquired about volunteering
- Requested information about your services or campaigns
- Joined your membership/supporter scheme
If the person hasn’t engaged with your charitable purpose, soft opt-in is unlikely to be appropriate.
2) Did you collect their contact details directly?
Soft opt-in becomes risky when lists come from third parties or unclear sources.
Good: they filled in your form, emailed you, donated via your site.
Risky: you bought a list, scraped contacts, or got a spreadsheet from a partner without clear wording and records.
3) Did you clearly tell them you’d use their details for fundraising/marketing?
You need transparent wording at the point of data collection.
Practical tip: put a short sentence near the email/phone field, not buried in a privacy policy.
4) Did you offer a simple opt-out at the time you collected the details?
Supporters must be able to say “no” easily, and you need to respect that choice.
5) Does every message include an easy opt-out?
Every email should include an unsubscribe link.
Every SMS should include a simple stop instruction.
For DMs, you need a clear way for the person to say “stop” and for you to honour it.
6) Are you only marketing your own charitable purpose?
Soft opt-in is for your charity’s purpose. Be cautious about:
- Promoting commercial partners
- Cross-promoting other charities
- Sponsorship-heavy messages
If it feels like “sales” rather than “support our mission”, treat it as higher risk.
7) Can you evidence it?
If someone complains, you need to show:
- When/how you collected the details
- What you told them at the time
- That you offered opt-out
- That you honoured opt-outs
If you can’t evidence it, you’re relying on luck.
Suggested wording you can adapt (simple wording)
Donation / enquiry form (near the email field)
“We’ll use your email to send updates and occasional fundraising messages about [Charity Name]. You can unsubscribe at any time.”
“We’ll use your email to send updates and occasional fundraising messages about [Charity Name]. You can unsubscribe at any time.”
SMS (first message)
“Thanks for supporting [Charity Name]. We’ll send occasional fundraising updates. Reply STOP to opt out.”
(Always sanity-check wording with your own data protection lead or adviser.)
Governance: a quick trustee-friendly process
If you’re a small charity, you don’t need a 40-page policy. You do need a repeatable process:
- Agree a boundary: which supporter journeys qualify (donors, volunteers, event sign-ups, etc.).
- Update your forms: make the wording explicit and visible.
- Centralise opt-outs: one place to record them, and make sure everyone uses it.
- Set a cadence: e.g. one newsletter/month, one appeal/quarter (whatever is appropriate).
- Review complaints & unsubscribes quarterly: report to trustees as a simple metric.
Note: the ICO also reminds organisations that by 19 June 2026 they must have a process in place for handling data protection complaints.
Where Third Sector Studios can help (if you want it)
If you’re a charity and you’re not sure whether your website forms, donation flows, or mailing list setup supports compliant fundraising comms, we can help you:
- Review and improve your website forms and privacy wording,
- Set up secure email and mailing list tools,
- Make sure opt-outs are captured properly,
- Improve your website’s accessibility and trust signals (so supporters feel confident donating).
Learn more at https://thirdsectorstudios.org.uk/
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