New guidance from the Fundraising Regulator is helping charities understand how to use the soft opt-in exemption under the Privacy and Electronic Communications Regulations (PECR) to send fundraising communications without explicit consent in certain circumstances. Following changes introduced through the Data (Use and Access) Act, charities now have new opportunities to engage supporters, strengthen donor relationships and potentially increase fundraising income. However, successful use of soft opt-in requires more than legal compliance; it depends on balancing supporter expectations, data protection obligations and public trust while ensuring communications remain respectful, transparent and aligned with charitable purposes.
In 2025 the wheels were set in motion to enable charities the opportunity to strengthen supporter relationships and potentially raise more funds without needing to secure marketing consent every time they engaged with donors.
A significant update to the Privacy and Electronic Communications Regulations (PECR) following the introduction of the Data (Use and Access) Act means that charities can now, in certain circumstances, rely on the ‘soft opt-in’ exemption to send electronic fundraising communications to supporters who have not explicitly consented, provided they have not opted out and the relevant legal requirements are met.
Since then, charities have been waiting for practical guidance on how to apply the new rules responsibly. Following guidance published by the Information Commissioner’s Office (ICO) in April, the Fundraising Regulator has now released its own practice guide, offering clear and realistic examples when soft opt-in may, and may not, be appropriate. Rather than focusing on technical legal interpretation, the guidance helps charities navigate real-world fundraising scenarios while balancing compliance, supporter expectations and public trust.
Donors are usually the clearest example of eligibility – donations are one of the strongest foundations for soft opt-in because the individual has actively provided support to the charity.
Volunteers and campaign supporters may also qualify – support is broader than financial giving. A charity should consider whether the person has demonstrated genuine support for, or interest in, its charitable purposes.
People seeking support from a charity require particular caution – ask not only ‘can we send this?’ but also ‘should we send this?’ when considering soft opt-in. Vulnerable circumstances, expectations and potential harm must be considered.
Charities wishing to adopt soft opt-in should consider reviewing their data collection journeys, ensure their CRM record-keeping is sufficient, conduct risk assessments that go beyond legal eligibility (for example, supporter expectations, vulnerable circumstances, reputational risks), and make sure they are still complying with wider PECR, UK GDPR and Code of Fundraising Practice – including requirements that fundraising is legal, open, honest and respectful.
Did you (the charity) obtain the contact details directly from the individual?
Did the individual express interest in, or support for, your charitable purposes?
Did you offer a clear opt-out when you collected their details?
Will this communication further your charitable purposes?
Explore full examples and guidance from the Fundraising Regulator
