Soft opt-in now in force for UK charities

Soft opt-in now in force for UK charities

The 'charitable purpose soft opt-in' provisions of the Data (Use and Access) Act 2025 ('the DUAA') came into force on 5 February 2026, marking a long-awaited shift in the rules relating to direct marketing communications for charities.  

Prior to the DUAA provisions taking effect, charities (unlike commercial organisations, who could rely on the existing 'soft opt-in' exemption under PECR) were required to obtain explicit consent before sending direct marketing communications to supporters.  The new provisions bring the third sector in line with the existing rules for commercial organisations, enabling charities to rely on the 'soft opt-in' in specific circumstances.

How 'charitable purpose soft opt-in' works

Under the new rules, a charity may send electronic marketing to an individual if specific conditions are met.  Section 114 of the DUAA amends the Privacy and Electronic Communications Regulations 2003 (PECR) by inserting a new regulation 22(3A).  The statutory requirements are as follows:

• Sole purpose condition – The sole purpose of the direct marketing must be to further one or more of the charity's charitable purposes.  Communications about fundraising initiatives may assist with demonstrating this purpose.
• Source of contact details/information – The charity must have acquired the recipient's contact details in the course of them either expressing an interest in the charity's charitable purpose(s) or offering or providing support to further the charitable purpose(s), for instance, by making a donation or volunteering.
• Opt-out requirement: The recipient must be given a simple, cost-free means of opting out of their details being used for direct marketing.  This option must be given at the time the recipient's details are collected and, if not refused initially, with each subsequent communication. 

This means that if a supporter makes a donation, signs up to volunteer or requests information about a charity's work, their contact details may be used for future direct marketing communications without separate consent, provided the above conditions are met.

Scope of the provisions and practical implications for charities

The soft opt-in provisions apply only to electronic mail, including emails, SMS, and social media direct messages.  They do not, however, apply to telephone marketing, which remains subject to the provisions of PECR.  Importantly, the changes are not retrospective and only apply to data collected on or after the 5 February 2026.

• Charities wishing to rely on the soft opt-in provisions should ensure:
• They carry out a Legitimate Interest Assessment (LIA) to ensure their interest in processing the data is balanced against individuals' rights and freedoms.
• Marketing staff and or volunteers are adequately trained and are aware of the legal requirements when relying on charitable soft opt-in provisions.
• Privacy notices adequately reflect the basis on which donor/supporter's personal information will be used in relation to direct marketing.  
• All recipients of digital communications are given a simple, cost-free means of opting out of their details being used for direct marketing.  
• That contact lists are separated into (a) those who have given explicit consent (b) those who will be contacted using the soft opt-in and (c) those who have opted out.  This should help ensure that no direct marketing is engaged to those who have opted out.
• They regularly review and keep up to date their organisational approach and any underlying documents in accordance with any published guidance.

The Information Commissioner's Office details key steps charities can be taking should they wish to engage with soft opt-in provisions (here).   Further, the Fundraising Regulator published an article detailing key information on the soft opt-in.