In a rapidly changing fundraising landscape, UK charities face a host of challenges – from rising donor expectations and falling digital ROI to increasing economic uncertainty and budget constraints. Yet amid these pressures lies an exciting opportunity – email marketing soft opt-in for charities.
Following a successful lobbying campaign earlier this year (2025) by the Data & Marketing Association (DMA) UK – supported by Wood for Trees analysis – the Data (Use & Access) Bill has been amended to include a soft opt-in for charity email marketing. Once enacted (expected this summer), this long-overdue change will finally put charities on par with commercial organisations, allowing them to email supporters who have engaged with them previously, without needing explicit opt-in consent every time.
The opportunity is significant – our analysis estimates that enabling the soft opt-in could unlock up to £290m in additional annual income for UK charities. But it’s not a silver bullet. To make the most of this change – and maintain supporter trust – charities must act strategically, ethically and fast.
Here’s how to get ready…
Step 1: Build a strong data foundation

Any effective email strategy starts with data hygiene. Charities must know who their supporters are, how they were acquired and whether they fall under consent or legitimate interest. Start by:
- Auditing your CRM: Identify supporters you currently contact via email and those who might qualify for soft opt-in under the new legislation (e.g. donors, event participants, volunteers)
- Segmenting appropriately: Create clear audience segments such as ‘opted-in’, ‘legitimate interest eligible’ and ‘do not contact’
- Keeping records: Ensure you can prove the origin and nature of supporter relationships (e.g. donation made via website, form filled out at event)
Remember, the soft opt-in doesn’t override existing opt-outs. If someone has unsubscribed, that decision must be respected.
Step 2: Optimise consent and preference management

Even with the soft opt-in, supporter control remains key. Use this time in preparation to upgrade your consent processes and preference systems.
- Refresh your privacy policy: Clearly explain how and why you may contact supporters under legitimate interest, with a reminder that they can opt out at any time
- Revisit your forms: Ensure all donation and sign-up forms include fair processing notices. For example: “We may contact you about our work based on your existing support. You can opt out at any time.”
- Implement or enhance your preference centre: Let supporters choose the frequency and type of content they receive (e.g. appeals, impact stories, volunteering updates)
This not only supports compliance – it builds trust by showing supporters they’re in control of the relationship.
Step 3: Nail your email content strategy

Permission to email more people is only valuable if those emails are engaging, timely and relevant. With more supporters contactable under soft opt-in, now’s the time to invest in your content strategy.
Plan supporter journeys
Design welcome and nurture journeys for new donors, event attendees or volunteers. Pre-build sequences like:
- Immediate thank you
- ‘Get to know us’ emails
- Stories showing impact
This ensures every new contact gets a consistent, positive experience – not just sporadic appeals.
Segment and personalise

Use supporter data to tailor messages. For example, a donor to a wildlife project should get updates on conservation, not youth outreach. Even small touches like personalising names or referencing past interactions can lift engagement significantly.
According to the DMA, 78% of people are more likely to engage with personalised emails. Done well, this builds loyalty and boosts income.
Balance stewardship and asks
Avoid the trap of over-soliciting. A good rule of thumb: send 3-4 value-led emails (stories, updates, thank yous) for every one fundraising ask. Value-driven communication builds the emotional connection that fuels long-term giving.
Test and learn
Experiment with subject lines, content formats and timings. Monitor open rates, click-throughs and donation responses. Continuous optimisation will keep your email programme efficient and supporter-centric.
Step 4: Use legitimate interest responsibly

With great opportunity comes great responsibility (yes, the old Spider Man adage works for email marketing too!). Just because you can email more people, doesn’t mean you always should.
The ICO and DMA UK are clear – soft opt-in use must be considered appropriately. This means:
- Only email supporters where it’s appropriate and expected based on their prior engagement
- Conduct Legitimate Interest Assessments (LIAs) for each supporter group. Document your reasoning and include opt-out mechanisms in every email
- Avoid sensitive or inappropriate uses. For example, don’t use service interactions (e.g. someone seeking help from a domestic abuse charity) as justification to email fundraising appeals
Respect supporter expectations and you’ll build trust – and income. Ignore them and risk complaints or reputational damage.
Lessons from the commercial sector
Commercial brands offer valuable lessons on both sides of the soft opt-in debate.
- Starbucks uses soft opt-in brilliantly, sending personalised rewards and updates based on past purchases. Their approach has led to open rates of up to 75% and boosted customer loyalty
- HelloFresh, by contrast, was fined £140,000 by the ICO in 2024 for sending 79m marketing emails without proper consent. This breach of trust damaged its brand and serves as a cautionary tale
Charities should take the Starbucks route – relevant, timely, personalised – not the HelloFresh path of assumed consent and over-mailing.
Strategic opportunity
The charity soft opt-in isn’t just a legislative change – it’s a strategic opportunity to build on sector resilience, grow charitable income and strengthen supporter relationships. But its success will depend on how well charities prepare:
- Get your data, consent records and systems in shape
- Map out email journeys and create relevant, personalised content
- Be strategic, respectful and transparent using supporter information
The soft opt-in is your licence to re-engage thousands of supporters who care about your cause. Use it wisely and you’ll earn their trust – and further support – for years to come.
DMA UK and Wood for Trees webinar


To learn more, join us in the upcoming webinar to be hosted by DMA UK and Wood for Trees, part of Salocin Group: How to maximise email marketing for charities in the soft opt-in era.
Taking place 10am, Wednesday 9th July 2025, you’ll hear from sector experts – including us – on email marketing best practice, key data protection and compliance considerations and how to make the most of the charity soft opt-in opportunity.
Help for charities navigating change
We’re here to help charities prepare for the soft opt-in era. Whether you need support with:
- Conducting Legitimate Interest Assessments (LIAs)
- Setting up consent and preference management mechanisms
- Designing high-impact email campaigns
- Leveraging AI-powered personalisation and data-driven supporter insights
…we can guide you through the transition and ensure you’re set up for success.