Jennifer Scott and Sophie Bird, in our Charities & Education team, discuss fundraising marketing for charities and the new 'soft opt-in' rules.
Fundraising marketing is an essential way for charities to promote their cause and encourage donations, participation and long-term support. Increasingly, this marketing is in the form of direct electronic mail (including emails, text messages and direct messages via social media) and is therefore subject to evolving data protection and privacy laws.
The Data (Use and Access) Act 2025 (the ‘DUAA’) has now been fully implemented, updating and reforming existing legislation on data protection, privacy and data-sharing. The DUAA has had a notable impact on charities, as it introduces a new ‘charitable purposes soft opt-in’ option for direct electronic marketing. It has been previously estimated by the Data and Marketing Association that extending the soft opt-in to charities could raise an additional £290 million per year.
This blog article focuses on the scope and application of the ‘charitable purposes soft opt-in’, and the key considerations for charities relying on it.
The ‘Charitable Purposes Soft Opt-in’
When a charity wishes to use an individual’s personal data to send them direct electronic marketing, such as email campaigns asking for donations, it must generally have express consent to do so. In practice, this has limited many charities’ ability to fundraise effectively, as supporters do not always actively opt in to receive communications.
The DUAA introduces a new exception to this rule in the ‘charitable purpose soft opt-in’. This allows charities to send digital electronic marketing without prior consent, provided certain conditions are met.
What are the conditions?
In order to use the ‘charitable purposes soft opt-in’, all of the following conditions must be satisfied:
- Source of contact details: The contact details used must have been collected when the individual:
- expressed an interest in the charity; and/or
- supported the charity (for example, by making a donation or participating in an event).
- Purpose limitation: The sole purpose of the marketing must be to further the charity’s purposes.
- Opt-out requirements: The individual must be given:
- a clear opportunity to opt-out at the point their data is collected; and
- a simple and accessible opt-out mechanism in every subsequent message.
Where these conditions are not met, a charity could be acting unlawfully.
What are the risks to be aware of?
A charity may further be acting unlawfully in a number of ways, including where it:
- Uses personal data collected prior to 5 February 2026 (the date when the new rules came into force);
- Uses personal data collected by professional fundraisers, commercial participators, online fundraising platforms or any other third-party organisation, where the individual has not directly engaged with the charity itself; or
- Uses personal data from purchased or otherwise acquired marketing lists.
In these cases, the charity will usually need to revert to obtaining valid consent before sending electronic marketing.
Where a charity acts unlawfully, it may face regulatory enforcement action, as well as risking reputational damage.
Further information
Charities should be mindful that reliance on the soft opt‑in does not remove wider obligations under UK GDPR, including ensuring processing is lawful, fair and transparent. Appropriate records, privacy information and opt‑out mechanisms must be maintained.
The Fundraising Regulator has recently published guidance to help charities meet the Code of Fundraising Practice, emphasising that communications must remain clear, respectful and aligned with individuals’ expectations.
Conclusion
The ‘charitable purposes soft opt‑in’ provides charities with greater flexibility to engage supporters through electronic marketing, which can significantly enhance donations and income. However, it remains subject to strict conditions, and careful compliance is essential to avoid regulatory risk and maintain public trust.
For further information or legal advice on fundraising marketing for charities, please email law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
