Soft Opt-in: new guidance, clearer opportunities
Unless you’ve been living under a rock (or are brand new to the sector), you’ve likely heard about the soft opt-in and are maybe equal parts excited and nervous about it?
What does Soft Opt-in mean for my charity?
Do we ‘HAVE’ to start using Soft Opt-in?
How do we all make sure we stay on the right side of the law when applying Soft Opt-in?
Here’s a quick recap:
The Data (Use and Access) Act legally amended PECR to extend the "soft opt-in" rule to charities
This allows you to send direct electronic marketing (emails, texts, and direct social media messages) about fundraising and charitable work to people who’ve shared their data with you, without needing explicit consent
As long as you provide an easy way to opt out!
While the law took effect in February 2026, the ICO and the Fundraising Regulator recently released guidance and a framework for working with it.
I got into research mode, interviewing some of the sector’s biggest brains - Cam St Omer Donaldson, Kirsty Mooney, and Sarah Crowhurst - on the Fundraising Everywhere podcast to find out what these guidelines mean and how you can apply them in your own supporter engagement.
And because I know we don’t all learn the same way, I’m sharing that wisdom right here.
You’re welcome.
Audit and planning
When navigating new regulation, the biggest hurdle is knowing where to start, and distinguishing between the legal rules and fundraising best practice.
As fundraising compliance whizz Cam St Omer Donaldson explains, it helps to understand the clear distinction between the two regulatory bodies:
"The ICO regulates data protection... the law, essentially. And then the Fundraising Regulator regulates fundraising standards through the Code of Fundraising Practice... What you go to the Fundraising Regulator for is how you should apply that law responsibly to make sure that you are still carrying out good fundraising practice."
Before hitting send on any new campaigns, your first step needs to be grounded in planning, documentation, and audience selection.
Start with a Legitimate Interest Assessment (LIA): The cornerstone of applying the soft opt-in is the LIA. Kirsty Mooney notes, this document maps out the balancing act: "What are the benefits to the person? What are the benefits to the charity? What do you need data for? And then how do you decide where your balance is?"
Document your decisions: Both regulators place a heavy emphasis on documenting your rationale. If you choose to contact supporters under the soft opt-in, your reasoning and mapping must be on record before putting pen to paper.
Pick the right audience and message: Focus on supporters who have provided their details directly to progress your charitable purposes. Start by mapping out structured onboarding, such as a tailored email welcome journey.
Third-party partners
One of the biggest areas of confusion following the initial ICO release was how the soft opt-in applies to data captured via third-party tools and platforms.
The updated guidance brings much-needed clarity, especially regarding data processing roles.
"If you are working with a third-party platform... where they are not going to be processing that data and it is still the charity, that is absolutely fine," explains Cam. "And the change comes from if it is that third-party platform that looks and breathes and smells like that third-party platform that is collecting that data... the rule is then we can't use it."
Kirsty reinforces what this means for popular event and giving platforms in practice:
"Online fundraising platforms like JustGiving and Enthuse... you cannot apply soft opt-in to the data that is collected through those platforms, which is obviously a big shift for a lot of people."
To protect your organisation, do a thorough audit of your tech stack and agency partners:
Map every external entry point where supporter data flows into your CRM (e.g., event platforms, agencies, face-to-face suppliers).
Review your contracts, data agreements, and terms & conditions to confirm whether the platform acts as a data controller or data processor.
Separate third-party leads that require explicit consent from direct interactions where the soft opt-in can be lawfully applied.
People and processes
One of the great things we’ve seen in the new framework and guidance is how it spotlights the role of people in implementing this guidance. A policy document tucked away on SharePoint won't protect your charity or improve supporter relationships if your team doesn't understand how to use it.
"There was a big emphasis on data literacy," says Kirsty regarding the Fundraising Regulator's framework. "People understanding what their current processes are and how data works... If you decide to change what you're doing and work with soft opt-in, there is a huge part in helping your teams who are having conversations with supporters... have a really solid understanding about the guidance."
Key focus areas for your internal processes include:
Comprehensive training: Training shouldn't stop at internal staff. It must extend to anyone interacting with or collecting supporter data, including volunteers, agency partners, and professional fundraisers.
Building confidence: Regulatory change can make teams cautious. Upskilling your fundraisers ensures they feel confident requesting, segmenting, and using data effectively without fear of non-compliance.
Ongoing reviews: Compliance isn’t a once-and-done project. Schedule routine audits to regularly review data flows, refresh team training, and check that your LIA assumptions hold true over time.
The opportunities
Once your planning, third-party rules, and internal processes are locked down, the fun part begins: building richer, more engaging supporter journeys.
The soft opt-in opens up a significant opportunity to grow your marketable audience and test new digital strategies.
"If we're able to triple the amount of data that we're getting in terms of email addresses, then obviously we've got more opportunities to ask for money," says my Hynt Co-Conspirator Sarah Crowhurst. "We will have more people to speak to [and] more data to test with, which I think is also really exciting."
Beyond basic email marketing, the soft opt-in allows charities to create holistic multi-channel experiences:
Smarter segmentation & dynamic content: Rather than relying solely on preference centres, draw on the context of how a supporter first engaged to deliver highly relevant, dynamic communications.
Multi-channel integration (SMS & Telemarketing): Email isn’t the only channel we can play with. Integrating SMS into welcome journeys or emergency response appeals offers rapid, direct touchpoints.
Dramatically improved retention: Multi-channel touchpoints during early onboarding yield proven results. Sarah notes that introducing dynamic email and SMS touchpoints right after a supporter commits can significantly boost retention, with recent client testing showing attrition rates improving by nearly 8–9% within six months.
Ultimately, the soft opt-in is an invitation to get back to fundraising basics: cleaning up your data, training your people, and delivering thoughtful, story-led supporter journeys that turn one-off interactions into long-term commitment.
Looking for some support to craft engaging supporter journeys to make the most of those soft opt-in opportunities? Book a call with Anna, Hynt’s resident Soft Opt-in expert and certified fan of email.
