A charity guide to “soft opt-in" marketing

Collecting, managing, and using data effectively for marketing has become relatively straightforward since the introduction of General Data Protection Regulation (GDPR) in 2018. GDPR encompasses measures put in place to ensure that the collection and use of data is responsible, ethical, and transparent, making privacy and data protection a priority. 

GDPR has since become essential to help charities protect the data of their donors and beneficiaries, with more than nine in ten charities consider themselves fair or excellent at data protection and GDPR compliance as of 2025. However, while charities have taken the principles of GDPR in their stride, it has sometimes made it more difficult for organisations to build a full picture of their supporters and what motivates them. It has sometimes led to missed opportunities where charities are unable to send more information to people who are engaging with their cause, but who have not given specific consent to be contacted. Previous donors who have not ticked a box are lost, leaving charities without the ability to reengage them later. And with individual donations on the decline, being able to contact supporters who are interested in your cause already can make a massive difference to fundraising efforts.  

This is where the Data (Use and Access) Bill comes in. The Data (Use and Access) Bill, which received Royal Assent in June 2025, will allow charities to use the same “soft opt-in" rules afforded to commercial organisations in their digital marketing. “Soft opt-in" means that charities, like their commercial counterparts, will be able to send marketing communications to people without previous consent if their details were collected during the sale of a product or service.  

Below, we explore what exactly the new bill means for charities and how they can use it to boost their fundraising efforts and build relationships with supporters old and new.  

What is the Data (Use and Access) Bill?  

In November 2024, the Data and Marketing Association (DMA) wrote to science secretary Peter Kyle to advocate for an amendment to the Data (Use and Access) Bill which would allow charities to contact people as businesses do.  

According to law firm Taylor Wessing, the Bill “reforms UK GDPR and Privacy and Electronic Communications regulations and sets up frameworks for sharing of business and customer data, and digital identity verification”.  

For charities, the Bill removes the need for charity supporters to check a box giving charities permission to contact them later with marketing emails, taking their interest as tacit consent. It enables charities to send marketing emails to people whose personal information has been collected when they donate or offer support.  

“Such interest and support are deemed to be considered as sufficient consent, provided the individual has been given the opportunity to ‘opt-out’ of receiving marketing at the time that their data is collected,” explains law firm Stephens Scown.  

The marketing permitted by the new legislation includes emails, text messages, and social media – essentially encompassing any electronic mail and excluding telephone or postal marketing.  

The Bill is expected to come into effect towards the end of 2025 and is likely to be phased in gradually according to experts. But it is essential that charities prepare for the changes and what they could mean for their fundraising efforts.  

What does the Bill mean for charities? 

The DMA estimates that extending “soft opt-in" to charities would boost annual donations in the UK by £290 million.  

By removing the need for explicit consent for marketing, charities will be able to reach out to all those that have previously engaged with them or donated more freely, so long as they have not opted out of marketing. This means a wider pool of potential donors to keep engaged and, as a result, more potential donations to keep delivering impact to the communities they serve.  

However, the Information Commissioner’s Office (ICO) has also advised caution when applying the new marketing rules, with charities needing to remain respectful of their supporters’ privacy and situation in life. 

As the Fundraising Regulator points out, “Charities should remember that just because they can use ‘soft opt-in’, it will not always be appropriate to do so.”  

The Fundraising Regulator offers the example of charities contacting a former service user who had sought confidential support simply because their details exist on a database – contacting them without consent could cause considerable upset. Likewise, in a tumultuous economic climate, frequent communications and requests for donations might be especially unwelcome.  

The charity sector has been criticised before for sending fundraising communications too frequently, leading to anxiety and discomfort for those receiving them. In 2016, it was found that 92-year-old Olive Cook received 466 mailings in a single year, after being on the database for 99 charities, causing significant emotional distress to an already vulnerable person. Under the new legislation, charities must continue to strike a delicate balance between raising more funds and being sensitive to the needs and circumstances of those they are reaching out to. 

The Fundraising Regulator concludes: “Fundraisers will need to exercise caution and constant vigilance to avoid inadvertently engaging in behaviour that risks causing harm and damaging the valued public trust and confidence that charities rely on.”  

Still, broadly speaking, the new Bill is good news for charities and has been welcomed as such at a time when charity finances are uncertain. The DMA said of the Bill: “This decision marks a significant step forward in empowering the charity sector to strengthen relationships with supporters, foster deeper community connections, and ultimately enhance the impact of their vital work.” 

Of course, a wider pool of potential donors does mean charities need to have more strategies in place to reach them. It means creating new supporter journeys and adapting their existing email marketing to reach these new audiences. Now is the time to consider how exactly charities will do that, looking into how they will gather and use data under the new rules, provide opt-out opportunities, and shape email content that resonates with supporters old and new.