In a significant development for the UK's charitable sector, the government is set to extend the 'soft opt-in' provision to charities, aligning them with commercial entities in terms of email and SMS marketing capabilities. This change, part of the Data (Use and Access) Bill, is anticipated to come into effect later in 2025, offering charities a more streamlined approach to engaging with their supporters.
What is the soft opt-in?
Under the current Privacy and Electronic Communications Regulations (PECR), organisations must obtain explicit consent before sending direct marketing communications via email or SMS. However, the 'soft opt-in' allows businesses to send such communications to individuals who have previously engaged with them, provided certain conditions are met:
- The individual's contact details were obtained during a sale or negotiations for a sale.
- The marketing is for similar products or services.
- The individual is given a clear opportunity to opt out at the time of data collection and in every subsequent communication.
Historically, this exemption has been exclusive to commercial entities, leaving charities to navigate stricter consent requirements.