Soft opt-in 2026 and beyond: developing a supporter-first mindset
Amy Buddle recently took the stage at the Fundraising Everywhere Individual Giving Conference to dive into the world of soft opt-in in 2026 - what it means, how to use it, and how it can help charities unlock major growth.
If you were working in the charity sector back in 2018 when GDPR arrived, you probably remember the chaos. It felt like someone had thrown a hand grenade into consent management, leaving fundraisers running around trying to figure out what to do with their shrinking contactable databases.
Fast forward to 2026, and a major shift has arrived: soft opt-in.
It’s estimated that soft opt-in could unlock £290 million across the UK in additional donations. But before you treat this as purely a database update, let’s get one thing clear: soft opt-in is not a data management question. It is a supporter experience question.
If you want to grow your income, you have to approach soft opt-in not because you love consent management, but because you love your donors.
What actually is soft opt-in?
Under standard UK GDPR and PECR rules, consent has been the primary legal basis for sending direct electronic communications (email, SMS, WhatsApp, direct social media messaging) about fundraising. You could only contact people if they explicitly checked a box saying, "Yes, please email me."
As of 5th February 2026, registered charities can use legitimate interest as a lawful basis for direct electronic marketing.
In real terms: if someone has actively shown interest in your charity or organisation, you can assume they are interested in hearing about your work without asking them to check a box first.
Crucially, however, you must give them a clear chance to say no.
The ICO guidelines: The who, how, and when
Before you go changing your compliance settings, there are strict rules laid out by the Information Commissioner's Office (ICO) that you must adhere to:
You must be a registered charity: This exemption applies specifically to charitable organisations.
You must have obtained the data yourself: The data must be collected directly through your own channels (e.g., an online donation form on your website with a clear opt-out box). You can’t take email addresses collected via third-party fundraising platforms, face-to-face agencies, or telephone campaigns and apply soft opt-in.
It is NOT retroactive: Soft opt-in only applies to contact details obtained on or after 5th February 2026. You can’t apply this retroactively to old, uncontactable lists.
It must align with your charitable purpose: The contact must have expressed an interest in or offered support for your cause. If someone signs up to foster an animal, you can send them fundraising asks for your shelter. You can’t send them commercial third-party offers (like pet food subscriptions or local vet promotions).
Clear opt-outs, every single time: Supporters must be given the opportunity to opt out at the point of data capture and in every single piece of communication you send afterwards.
Turning soft opt-in into growth: The power of lead gen and email
Soft opt-in supercharges lead generation (like digital hand-raisers and petitions) because it lowers the friction of capturing supporter details.
Think of lead generation as creating a great dating profile, it’s getting a supporter to "swipe right" on your cause:
Unaware: They don’t know who you are or what you stand for.
Engaged: They sign a petition or hand-raiser because they care about the message (they "swipe right", you’re exchanging emojis).
Supporter: They give a financial gift (you go on a "date").
Once you’ve captured their interest, soft opt-in allows you to bring them straight into an active email journey. Email is still the highest ROI digital channel in fundraising and building your own third-party data means you’re less affected by the whims of platform CEOs who might change the social game after a bad pint of Guinness. You can message people directly, and crucially, nurture relationships. The soft opt-in also gives you the opportunity to test varied content strategies:
Cause-led emotional emails: Strong case studies, tangible shopping lists, and human connection that pull at the heartstrings.
Rational-led emails: Focus on your core values, big stats, and driving progress toward a concrete target.
"False forward" emails: High-performing personal emails formatted like a forwarded message from a Director or CEO to drive urgency.
6 practical steps to get started today
Firstly, consider if your charity truly is ready for soft opt-in - not all organisations will be. If you're ready to start using soft opt-in at your charity, take these steps to set your team up for success:
Train your staff: Ensure your teams are fully up to speed on ICO guidelines and know when the soft opt-in exemption applies.
Break down the silos: Build a cross-team working group including Data, Individual Giving, and Marketing to keep policies consistent.
Adapt your CRM: Update your database structure so you can track hard opt-ins, soft opt-ins, unsubscribes, and the exact date data was captured (remembering the 5th Feb threshold!).
Review your supporter journeys: Audit your existing communications to ensure email automation flows are appropriate for soft opt-in audiences.
Update your privacy policy: Explicitly state how soft opt-in data is collected and used.
Document everything: If the ICO or Fundraising Regulator ever audits your processes, you need a clear paper trail showing how and why you made your decisions. Show your working out!
Soft opt-in is a massive opportunity to rebuild your contactable base and build richer, more engaging relationships with people who genuinely care about your cause. Focus on the supporter experience, keep your compliance tight, and start testing!
Got questions about setting up lead gen campaigns or refining your digital email journeys? Reach out to the team at Hynt or drop us a line at hello@hynt.studio
