By James Mooney, Head of IT and Data Governance
Charities are under more pressure than ever to secure income and keep supporters engaged. When the ICO confirmed that a new Soft Opt In for charities would be introduced under the Data Use and Access Act (DUAA), many hoped it would transform how they communicate and fundraise. The idea sounded promising. But now that the details are clearer, should charities still see it as a major breakthrough?
What the charity soft opt in allows
The new charitable Soft Opt In gives organisations the ability to send direct marketing emails and texts to people who have shown an interest in or offered support to the charity. Crucially, they can do this without collecting explicit marketing consent, so long as they meet specific conditions set out in DUAA.
The intention is to bring charities more in line with how commercial organisations already use Soft Opt In. For example, when you leave an item in an online checkout and the retailer reminds you later. The difference here is that the approach is applied to fundraising, events and supporter engagement.
How charities could benefit
Used well, the Soft Opt In can help charities communicate more efficiently with people who have already engaged with them.
Charities will be able to:
- Invite new donors to future events soon after they first donate.
- Share updates and follow-up actions that encourage repeat support.
- Keep supporters informed about campaigns or volunteering opportunities.
- Build stronger relationships at a natural point of early engagement.
This ability to continue a conversation with new supporters can, over time, increase retention and create a broader group of warm contacts. Historically, strict GDPR consent rules have disrupted the supporter journey and caused a drop-off after a first donation. Reducing this friction is a significant advantage.
The ethical and reputational considerations
Although the Soft Opt In can open new doors, it also brings risks if used without care. Many supporters understand GDPR, but the concept of the Soft Opt In is new. If people begin receiving unexpected emails or texts, trust may suffer. Even if the communication is technically compliant, supporters might see it as pushy or inappropriate if they do not understand why they are being contacted.
Charities must approach this with transparency. They should be confident that the way they use the Soft Opt In feels consistent with their values and with the sector’s commitment to “doing the right thing”. Poor communication could have the opposite effect to what is intended and lead to reduced donations or lower engagement.
What has changed since the initial announcement
As DUAA has moved closer to implementation, it has become clear that the new Soft Opt In includes strict limitations. One important point is that it does not apply to anyone already on a charity’s database. Supporters who joined before January 2026 cannot be contacted under the new rules.
This significantly limits short-term impact. For many charities that rely heavily on long-standing supporters, most of their database will be out of scope.
The DMA initially argued that the Soft Opt In could boost annual UK donations from £250 to £290 million, a considerable impact for charities. However, they now say the ICO’s interpretation is stricter than Parliament intended. They believe some of the conditions will make it harder for charities to see the level of benefit originally predicted.
What charities must have in place
Introducing the Soft Opt In will require preparation, investment and ongoing monitoring. Key areas include:
Databases and CRM Systems
Most charities use SaaS platforms to manage supporter data. Systems will need updating so that supporters who join from January 2026 onwards are flagged correctly. This will mean separating new supporters from existing ones. Some providers may charge for system upgrades.
Training
Staff and volunteers will need clear training. They must understand what the Soft Opt In allows, when it applies, and how to record supporter interactions in line with DUAA.
Audits and Processes
Regular checks will be essential to ensure supporters are being tagged accurately and that the organisation is following agreed processes.
Privacy Policies
Online and offline privacy policies will need updating. Supporters must be told how their data will be used and given an easy way to opt out.
Sign-up Forms and Media
Every channel used to join or support the charity will require amends. Supporters must be informed clearly about how the Soft Opt In works at the point they interact.
These steps will take time and money. For many charities, the financial benefits may not be visible immediately.
Increased Regulatory Risks
Alongside introducing the Soft Opt In, DUAA also raises the penalties for breaking PECR. Fines now reach up to £17.5 million or 4 percent of global turnover. Even if a charity chooses not to use the Soft Opt In, this still increases the importance of having accurate consent records and well-trained staff.
So Is It a Game Changer?
The DUAA soft opt-in represents a strategic opportunity that is likely to offer long-term advantages for charities. While benefits may increase as new supporters engage with their chosen charity, significant short-term impacts are unlikely. The originally projected £250-£290 million figure from the DMA appears unattainable at present, largely due to the implementation approach taken by the ICO. Charities should carefully consider when to introduce the soft opt-in, integrating appropriate technology, training, and supporter communication in alignment with organisational culture. It is essential to foster understanding of this approach among staff, trustees, and, most importantly, supporters, in order to avoid unintended negative consequences.
What Charities Should Do Next
- Review whether the Soft Opt In aligns with your culture, values and supporter expectations.
- Begin planning updates to your database, sign-up journeys and privacy wording.
- Prepare training for staff and volunteers who handle supporter data.
- Consider a phased introduction that tests supporter reactions and builds internal confidence.
- Communicate openly with supporters about how and why you will use the Soft Opt In.
The Soft Opt In is best viewed as a strategic opportunity rather than an immediate breakthrough. Its advantages will grow gradually as new supporters join and as charities become more confident in applying it. Success will depend on transparency, careful planning and a commitment to putting supporter trust first. Used responsibly, it can strengthen engagement, but it is not a quick route to major fundraising gains.
We recently hosted a webinar unpacking what the Soft Opt-In change means in practice for charities — including what to do now, what to avoid, and how to protect supporter trust. Watch the recording here.
We’ve also created a practical Soft Opt-In Decision-Making Framework to help you assess whether (and how) to apply Soft Opt-In responsibly across different supporter journeys. Download the framework here.