Written by The UK government is shaking things up with data protection laws and a big change is on the horizon: the introduction of the soft opt-in for charity email marketing. This would be a real boost for supporter engagement—so here at goDonate we thought we’d write a quick article on what it means and how your charity can prepare changing your online donation forms.
What’s Changing?
Right now, as we all know, under UK data protection rules (PECR), charities need explicit consent before sending marketing emails.
The upcoming change will bring charities in line with businesses, allowing them to use the soft opt-in. This means if someone donates, signs up for an event, or otherwise engages with your charity, you’ll be able to send them marketing emails without needing them to opt in, as long as:
- The content is relevant to your charity’s mission.
- They are told they can opt out at any time.
- Every email includes a clear opt-out link.
We know charities are missing out on potential supporters under the current rules. Looking at goDonate donation forms, we can see a significant difference in opt-in rates where charities use legitimate interest or an opt-out for postal communications compared to those requiring an explicit opt-in for post. If email follows the same pattern, this could mean a huge boost in supporter engagement once the soft opt-in is introduced.
When Will This Happen?
As of February 2025, the amendment to allow charities to use the soft opt-in has already been adopted by the government as part of the Data (Use and Access) Bill.
It’s now making its way through Parliament, and while there’s no confirmed date for when it will become law, the fact that it has government backing is a good sign. Charities should start thinking ahead and preparing for when it’s officially in place.
What Does This Mean for Your Donation Forms?
If you take online donations (via goDonate or any other platform), now’s the time to rethink how you present marketing consent. Here are your options:
1. Stick With Explicit Opt-In
No change—supporters would still have to tick a box to receive emails. This is the most cautious approach and it will be like you have it today with a lower opt-in rate.
2. Use Soft Opt-In with an Opt-Out Box
Instead of asking people to opt in, you’d assume consent but provide a clear opt-out e.g:
“We’d love to keep you updated about our work. As you’ve supported us today, we may send you occasional emails. You can opt out at any time.”
☐ I do not want to receive emails from [Charity Name].
This will increase your email opt-in rate while still offering a choice.
3. Remove the Email Opt-In Box Entirely
Some charities may drop the opt-in box altogether, instead using a short privacy statement explaining that donors will receive emails unless they unsubscribe later. This simplifies the donation journey and maximises engagement. We have seen a number of charities do this over the last couple of years for telephone consent and we can see from our data that this does significantly increase opt-in rates. We wrote an article last year about this.
If you went down this route and you don’t ask for SMS consent, then in theory you could use Legitimate Interest for email, post and phone! You would likely have the best opt-in rates for all channels which is fab news, but I wonder how it will go down with donors? Could it put donors off and affect your donation conversion rate? Or would they even notice? Would be a great one to A/B test!
4. Hybrid Approach: Soft Opt-In for Email and Post, Explicit Consent for Other Channels
Since the soft opt-in only applies to email, you could still ask / have a mix for explicit opt-in for phone and SMS, like this:
☐ Phone: Yes, I’m happy to be contacted by phone.
☐ SMS: Yes, I’d like to receive updates by text.
(Email consent follows the soft opt-in rule.)
What Should Charities Do Now?
The soft opt-in rule isn’t law just yet, but it’s coming. Here’s what you can do to prepare:
- Review your donation forms – Think about which approach will work best for your supporters.
- Update privacy notices – Ensure donors understand how you’ll use their details.
- Make opting out easy – Every email should have a clear unsubscribe link.
- Train your team – Your fundraising and supporter care teams need to understand the new rules.
Final Thoughts
We believe this change could make a huge difference in the size of your contactable database. But of course, however you decide to do it, transparency to supporters is key.
At goDonate, we’ll be keeping a close eye on these changes and supporting our clients with any necessary updates.
What do you think? Will your charity switch to the soft opt-in and if so, would you use opt-out or Legitimate Interest?