A New Era for Charity Marketing: The ICO’s Final Guidance on the "Soft Opt-In" for E-mail and SMS is finally here

 

The Information Commissioner’s Office (ICO) has just published its complete guidance on the “charitable purposes soft opt-in”, providing the clarity we’ve all been waiting for since it has formally come into force under the Privacy and Electronic Communications Regulations (PECR) on 5th February.

For fundraisers, this is the moment the theory becomes practice and charities can finally compete on a level playing field with the commercial sector. And whilst this is a very welcoming change, it’s vital that you tick all six of these boxes to ensure your supporter journeys aren’t just engaging and integrated but also fully compliant.

  1. You are a Charity
    It may sound obvious, but the new provision is specifically designed for registered charities. If you are a non-profit that doesn't fit the legal definition—or if you’re sending from a purely commercial trading subsidiary—these rules don't apply to you.

  2. You Collected the Data Directly
    If the data came from a third-party platform (like a fundraising platform), you’re still required to apply "explicit consent".

  3. They Showed You Some Love
    The recipient must have actively expressed an interest in your mission or offered support. Whether they donated, signed up to volunteer, or simply asked for information about your work, there must be a clear point of engagement first.

  4. Your Mission is the Message
    The sole purpose of your marketing communications must be to further your charitable goals. Think: fundraising appeals, campaign updates, volunteering requests or event invites.

  5. You Offered an Option to Opt-Out at the Start  
    You must have provided a clear, simple way to opt out at the very moment you collected their details. A prominent "No thanks" checkbox on your donation or sign-up form is the simplest solution here.

  6. Every Message Has an Exit
    You must provide a clear, free-of-charge way to opt out of future marketing messages in every single subsequent communication. Whether it’s an unsubscribe link in an email or a "STOP" command in a SMS, the opt-out option must always be easy to find.

What This Means for Your Strategy

While the soft opt-in is a powerful tool for building deeper, more consistent relationships, the ICO and the Fundraising Regulator have urged "vigilance" to maintain public trust. They are keeping a close eye on how the sector uses these new powers, so as you integrate this into your strategy, don’t forget to:

  • Update Data Capture Forms and Privacy Notices: Ensure your donation and sign up forms include the necessary opt-out boxes and your transparency documentation clearly reflects the use of this new legal basis (Legitimate Interests).

  • Segment Your Lists: Keep clear records of who is contactable via "explicit consent" versus the "soft opt-in" to avoid cross-contamination.

  • Avoid "Bombarding": Just because you can contact someone doesn't always mean you should. Sending too many messages (especially when they aren’t relevant to your supporter) can lead to complaints and hinder trust rather than enhance it.

At DTV, we firmly believe that the best fundraising isn't just about what you say, but how you treat the people you're saying it to. Use these new powers to engage your supporters, but always keep that "unsubscribe" button visible to show you respect their choice.

One final reminder: This isn't retrospective. You can't go back and "soft opt-in" supporters who were already on your database before 5th February 2026. This is a tool for the future—for the new donors and campaigners you’ll be welcoming from today onwards.

Need help with your supporter journeys and how you can make the most of the new soft opt-in? Get in touch on helloDTV@dtvgroup.co.uk

 

Bio

Kat is a Senior Campaign Manager at DTV with over 10 years of experience in fundraising. Having started her career working at both national and international charities, she joined DTV over 4 years ago and has since been supporting a wide range of charity clients with optimising their call centre performance and SMS journeys.

 
Debora Montesoro