“Soft Opt-In” Changes Make it Easier for Charities to Send Electronic Marketing to Actual or Prospective Supporters or Donors

Charities have in the past needed explicit consent from anyone to whom they wished to send direct marketing electronic communications. The effect of this restriction is that charities were severely limited in their efforts to recruit and maintain supporters and donors.

However, by virtue of an amendment to Regulation 22 of the PEC Regulations (use of electronic mail for direct marketing purposes), a new right known as a "soft opt in" (in effect an implied consent) has been introduced with effect from 5 February 2026. 

This allows charities to send such communications to individuals where those individuals have previously contacted the charity about its work. 

Charities no longer need to obtain explicit consent where the "soft opt in" right applies.  

Revised Documents Relating to Electronic Marketing by Charities

Our documents on the subject of electronic marketing by charities have recently been updated to refer to the fact that the “soft opt-in” right was brought into effect on 5 February 2026.  

The documents comprise:

• Privacy Notice for a Charity (GDPR Compliant) 
• Guidance Note: Charity Electronic Marketing
• information pages about Electronic Marketing Communication with Individuals 

If you are a charity trustee or are involved in fundraising for a charity or in marketing on behalf of a charity, it is recommended that you familiarise yourself with these updated items. They should assist you in understanding the electronic marketing regime as amended in February 2026 and help to maximise your charity’s contact with, and recruitment of, donors and supporters.