Upcoming reforms in the Data (Use and Access) Bill (DUA Bill) could finally open the door for charities to use the soft opt-in approach for marketing communications. 

Here’s a quick summary of what’s changing, why it matters, and what your charity should be doing now. 

What is the law now?

Under current rules, charities must have UK GDPR compliant consent before sending any direct marketing messages by electronic mail. This includes emails, texts and even social media messages. Direct marketing covers everything from fundraising appeals to newsletters that promote your charity's work. 

However, an exception known as ‘soft opt-in’ had existed for commercial organisations since 2003. It allows businesses to market products or services to previous customers without fresh consent, provided certain conditions are met. Unfortunately, this exception has never applied to charities until now. 

The proposed change

If the DUA Bill passes (which it is expected to do this autumn) charities may be allowed to rely on soft opt-in in specific circumstances. This means your charity could send marketing emails to individuals who have previously engaged with your charitable purposes, even if they haven’t explicitly consented.  It is important, however, that the sole purpose of the message you send is to further one or more of your charitable purposes. It is also important that the individual being contacted provided their details while expressing an interest in those charitable purposes. 

In other words, if someone gets in touch because they are interested in your cause, you may soon be able to follow up with fundraising or engagement messages without needing consent first. 

Opportunities and potential risks

So why does this all matter? Digital marketing is significantly cheaper than print. A lower cost could mean a higher reach. Changes could also mean quicker and more meaningful engagement with those interested in your charity. 

There are some important things to be aware of. The first is that supporter trust is on the line; changing how and when you contact people could result in confusion or even complaints if not handled transparently. You will still need to track the lawful basis for your communications both before and after any changes to the law and we are still awaiting clarity from the Information Commissioners Office (ICO) on several key points: can the soft opt-in apply to contact details obtained from third-party platforms (like Just Giving)?  Will the rules apply retrospectively? 

Should you still ask for consent?

In many situations, relying on consent may still be the best and safest option. There are certain circumstances where contacting supporters may be inappropriate, even if legally permitted.  Charities must consider vulnerable individuals, supporters in high-risk or closed-access countries, and children or young people.  The new rules may offer flexibility, but thoughtful boundaries will be essential. 

So what should charities do now?

Here are some steps to start preparing for the changes:

• Start a conversation with the senior leadership or trustees to develop and document your position as policy.
• Prepare for a greater volume of digital communications.
• Plan some supporter education messages to reduce complaints and build trust. 
• Train teams to handle increased enquiries or potential complaints.
• Ensure IT systems can track the lawful basis for each contact.
• Make sure unsubscribes are easy to manage and evidence.
• Review and revise your privacy notice and complaints processes.

Final thoughts

This shift could be a game-changer for how charities engage with their supporters. However, it must be approached with care, transparency and strategic planning. You don’t have to wait for the law to change before you act - you can start preparing now. 

If you have any questions about the upcoming changes and how these may impact your charity feel free to get in touch with Ben Pumphrey. Ben has recently joined Anthony Collins as a legal director specialising in data privacy and cyber risk. He has over a decade of experience advising clients across both the public and private sectors and brings with him a wealth of knowledge at a time when charities are navigating increasingly complex data protection obligations and digital risks.