Soft opt-in for charities is coming, but it’s not here yet!
There’s been a lot of talk about the soft opt-in for charities, and with good reason. When the new rule takes effect, it will allow charities to contact supporters by email or text without needing full opt-in consent, as long as they’ve previously engaged.
The change forms part of the Data (Use and Access) Act 2025, which became law in June. But although it’s passed, the soft opt-in rule has not yet come into effect. Charities must wait for the final regulations to be activated before they can use it.
What is soft opt-in for charities?
Soft opt-in means you can send marketing messages to supporters who have:
Made a donation
Registered for an event
Signed a campaign or petition
Taken part in a service or shown interest in your work
As long as:
They were given a clear chance to opt out at the time
They can opt out at any point in future
The content relates to your charity’s purpose
Until now, only commercial organisations could use this rule. Once the change goes live, charities will be able to use soft opt-in for fundraising and supporter updates, but only for new contacts collected after that date.
What’s the current legal status?
- The law has passed, soft opt-in is included in the Act
- It hasn’t come into force yet, charities can’t use it yet
- You can’t apply it to existing data, only to new records once it’s live
What your charity can do right now
This is a great time to get ready behind the scenes. Here’s a checklist to help you prepare:
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Review your supporter sign-up forms
Make sure you’re collecting enough detail to show how and when someone engaged with you. Record the source of every new contact.
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Include clear opt-out options
Start reviewing how you give supporters the choice to say no, at sign-up and in every future message.
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Update your privacy policy
Be transparent. Let people know you may contact them in future about related information unless they opt out.
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Segment your CRM
Tag new supporters based on how they arrived (e.g. donation, event, petition). You’ll need this for future compliance.
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Carry out a Legitimate Interest Assessment
This is your legal safety net. It’s where you balance your reason for contacting someone with their right to privacy. Keep it on file.
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Train your team
Everyone from fundraisers to data leads should understand: "What soft opt-in is", "When it applies", "What changes are coming".
Why it matters
- The soft opt-in rule could make a big difference to how you grow and retain supporter relationships, especially when budgets are tight.
- Used well, it can increase donations, improve event sign-ups and keep supporters connected without asking them to opt in again and again.
- But it’s not a free pass. It’s still marketing, and supporters deserve messages that are relevant, respectful and easy to opt out of.
Final thought
The soft opt-in for charities is nearly here, but not quite. You can’t use it yet, but you can get everything in place so you’re ready the moment it goes live.
Want help checking your supporter journeys, forms or data setup? That’s where we come in.
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