Understanding Charitable Soft Opt-In: What You Need to Know

A quick guide to understanding and implementing Charitable Soft Opt-Ins for your organisation

It has always been challenging for charitable organisations to establish clear consent to be able to reach out to people we interact with via email or text. In short, if we have collected someone's email or phone number can we contact them? The Data Use and Access Act 2025 has extended Soft opt-in rules to charities and came into effect in February 2026.

Charitable soft opt-in allows charities to send relevant marketing or informative emails to people they have previously interacted with without needing explicit consent each time. Used correctly, it can help us keep supporters informed while respecting their rights and preferences.

However, this approach comes with important responsibilities. Here’s what charitable soft opt-in means in practice, and how we must apply it correctly.

What Is Charitable Soft Opt-In?

Charitable soft opt-in applies when:

• We collected someone’s contact details during a genuine interaction with our organisation

• Any emails we send are solely in pursuit of our charitable aims

• Supporters are given clear and simple ways to opt out of further communications

This means soft opt-in is not a blanket permission to send marketing emails, it’s a limited and purpose-driven approach to contacting supporters.

A Key Date to Remember

The rules around charitable soft opt-in only apply to data collected on or after 5 February 2026.

• Any data collected before this date is still governed by the old rules

• To rely on soft opt-in for earlier data, we must re-collect or refresh consent under the new framework

This distinction is crucial to ensure compliance with the ICO

Where Opt-Out Options Must Be Clear

To uphold transparency and choice, we must include clear opt-out statements across all relevant touchpoints, including:

• Web forms

• Event sign-ups

• Donation platforms

• Volunteer onboarding processes

• Email templates

Opting out should always be straightforward and easy to action.

Updating Our Privacy Policy

If we make use of charitable soft opt-in, this must be clearly reflected in our privacy policy. Supporters should be able to understand:

• Why we contact them

• How their data is used

• How they can opt out at any time

Transparency builds trust — and trust is essential to our mission.

What We Must Record (ICO Guidance)

In line with ICO requirements, we should keep accurate records showing:

• How someone expressed interest or offered support

• When and how we offered them the chance to opt out

• Our legitimate interest for contacting them

It’s also important to maintain separate mailing lists:

• One for contacts who have given explicit consent

• One for contacts contacted under soft opt-in

This helps ensure correct and compliant use of data.

Acting on Opt-Outs Promptly

Anyone who chooses to opt out, including being added to a suppression list, must be actioned quickly and effectively. Respecting opt-out requests is not optional; it is a legal and ethical requirement.