The Data (Use and Access) Act 2025 (“DUAA”) marks a significant shift in how UK charities can communicate with their supporters. Historically, charities were required to obtain explicit consent before sending any electronic marketing such as fundraising emails or text messages because the existing “soft opt‑in” exemption under the Privacy and Electronic Communications Regulations (“PECR”) only applied to commercial organisations.
The DUAA changes this position by providing a new soft opt‑in exemption to the charity sector. This is provided for in Section 114 (use of electronic mail for direct marketing by charities) of the DUAA which come into force on 5th February 2026.
What is the new soft opt‑in for charities?
Under the DUAA, charities will be allowed to send electronic marketing (emails, SMS, and social media messages) without explicit prior consent, provided they satisfy three strict conditions:
- The communication must further one or more of the charity’s charitable purposes.
- The supporter’s contact details must have been obtained when they expressed interest in the charity’s work e.g. signing up to volunteer, requesting information, or engaging with an appeal.
- The supporter must clearly be offered the chance to opt out at the point their data is collected and in every message sent to the supporter.
This exemption applies only to electronic marketing not telephone marketing and relies on “legitimate interests” as the lawful basis under UK GDPR.
Why this matters for charities?
For many charities, the inability to rely on the commercial soft opt‑in has long constrained digital fundraising. This new exemption represents a significant fundraising opportunity. Charities can maintain contact with people who have shown interest, without needing formal consent first. This is expected to strengthen supporter relationships and reduce drop‑off rates. Staying connected with warm audiences should increase fundraising efficiency and help sustain charitable activities. Supporters who voluntarily reach out or show interest are more likely to welcome relevant updates, improving communication impact.
Practical considerations
Despite the benefits, the new soft opt‑in comes with limitations:
- Charities cannot use the soft opt‑in for individuals already on their database prior to the legislation taking effect. Existing supporters will still require explicit consent unless obtained previously.
- Charities may need to maintain one list for supporters with explicit consent and another for those acquired under the new soft opt‑in framework.
- Opt‑out mechanisms must be easy, visible, and included in every communication. Failure to do so could invalidate reliance on the soft opt‑
For UK charities looking to expand engagement and fundraising in a compliant, supporter‑friendly way, this reform offers a valuable new tool, provided that the Charities prepare carefully for its implementation.
