“Soft-opt-in” for UK charities: What marketers need to know

If you work in charity marketing, you’ll know that keeping up with data regulations can feel like navigating a maze. Matthew Holman, Partner at Cripps law firm, recently joined us to take an in-depth look at the new UK charitable soft opt-in law. 

Matt is a specialist solicitor who deals exclusively with the law of technology, data protection, and AI. From database management to email compliance, here’s a marketer-to-marketer guide to staying compliant without losing your supporter engagement.

Watch the on-demand video here, or on the Dotdigital Academy if you’re a customer, and read on for a quick summary of the key findings.  

When did the soft opt-in law come into force?

A very important thing to note is that this law came into force on the 5th of February 2026. It is very new, and we don’t have guidance on how it’s enforced at the moment. 

The Information Commissioner’s Office, which is the UK state-appointed regulator of data protection, published draft guidance in consultation form only last year, and Cripps was one of a few participating law firms that contributed to that consultation by explaining to the ICO how we think this law should be interpreted.

The ICO has not finalized that guidance, and it hasn’t been published yet, which means we’re still waiting for the regulator to tell us how it thinks the rules should actually apply. But we do have the draft guidance, which is what we’re drawing on here. The information in this blog and the on-demand video is to be taken as a guide and does not constitute legal advice. 

What is the charitable soft opt-in?

The charitable soft opt-in law allows charities to contact individuals who have shown interest in their charitable activities or offered support, without needing explicit consent, but there are rules to consider. 

What has changed for charities?

• Soft opt-in cannot apply to databases created before February 5, 2026
• The charity must be defined by law as a charity, specifically defined in the Charities Act 2011, Section 1
• Charities must keep charitable and commercial databases separate
• Supporters must always have an easy way to update preferences or unsubscribe
• Mixed messages are not allowed 

What do we mean by mixed message? 

There is a key difference between charity communications and commercial communications. 

Commercial communications involve selling products or services, whereas charitable communications focus on fundraising and donations. Mixing the two, like including product launches in a charity newsletter, can violate soft opt-in rules. Course offerings or services typically fall under commercial activities if offered through separate trading entities.

For marketers, this separation is about clarity and trust, so that supporters know exactly what they’re opting into.

How can you collect soft-opt in details?

When you collect the contact details for soft opt-in, you have to have one of two things. You have to either make sure that you’re collecting the details where the recipient has expressed either: 

1. An interest in one or more of the charity’s charitable purposes
2. Or, they must have offered, or be providing support

Charity database compliance guidelines

Compliance is all about smart and careful data management as well as meeting the legal requirements. 

The key points to consider are: 

• Adherence to GDPR and PEC regulations, ensuring legitimate interest and consent are clearly documented
• Starting a new database from expressions of interest is ideal, though not always realistic
• Using segmented datasets within a single database is acceptable, as long as they are clearly flagged
• Human error is the biggest risk; careful handling of multiple lists is critical to prevent data breaches

For marketers, this means designing your supporter journey and campaigns with compliance baked in, not as an afterthought.

Soft opt-in data collection tips

Soft opt-in is a subtle but powerful tool for charitable campaigns. 

• Contacts can be added without explicit consent as long as they can opt out easily
• Re-engaging previously opted-out contacts is sometimes permissible under the new law, especially for older opt-outs
• Always provide clear unsubscribe options to avoid regulatory issues

This is a reminder that soft opt-in doesn’t mean “ignore the rules,” it means being thoughtful about how you engage supporters while respecting their preferences.

Email compliance guidance

Email remains a critical channel for charity marketers. Matt outlines the key points to remember: 

• Unsubscribe links should be clear, ideally at the bottom of every email
• Offer a “unsubscribe from everything” option alongside more granular preferences
• Soft opt-in applies to SMS and other marketing channels, but not to data from third-party platforms like Facebook or JustGiving, where the charity isn’t in direct contact
• Proper CRM implementation is essential to avoid compliance mishaps

Matt also flagged upcoming ICO guidance, expected later this summer (2026), which will give further clarity on charitable soft opt-in compliance.

Bottom line for charity marketers

The new charitable soft opt-in law is a chance to rethink how you engage supporters responsibly. By keeping databases clean, communications clear, and consent transparent, charities can continue to fundraise effectively while staying fully compliant.

For charity marketers, the takeaway is that when you plan ahead, segment thoughtfully, and respect your supporters’ preferences, your communications will stay on the right side of the law.

Check out the full on-demand webinar to get the full rundown and comprehensive Q&A session with Matt. If you’re a Dotdigital customer, catch up on the academy here, if you’re not a customer, you can check it out here.