Soft opt-in exemption for email marketing to be extended to UK charities

The soft opt-in exemption was adopted as an amendment to the Data (Use & Access) Bill by the UK government in January.

The UK’s DMA, backed by 19 charities, wrote to the Secretary of State for Science, Innovation and Technology on behalf of its members last November, asking for soft opt-in to be extended to charities in the current Bill. Analysis referenced in the letter has estimated that this could lead to an extra £290 million in annual donations for UK charities. EFA member the Chartered Institute of Fundraising (CIOF) has also engaged with government ministers and House of Lords peers on the matter.

Current rules

At the moment, under the Privacy & Electronic Communications Regulations (PECR) soft opt-in can only be used as a basis for contacting people with email and text marketing by commercial organisations, under strict conditions.

The exemption

The amendment (which can be found on p5 of the Bill) will mean that if someone shows an interest in what a charity is doing at the point of an email address capture (such as donating, or signing a petition), and is given the opportunity to opt out, the charity will be able to email them about something else, if it is to help further their work. This could include asking them to sign up to give regularly, or leave a legacy. The option to opt out will have to be given every time they are contacted, and there must be no sharing of data with a third party.

Announcing the news on the CIOF site, director of policy and communications Claire Stanley said:

“This is a significant win for the sector and will finally put charities on a level playing field with commercial organisations which have benefitted from soft opt-in since the introduction of the Privacy and Electronic Communications Regulations back in 2003.

“Crucially, it shows a willingness from the government to listen to the sector at a time when it is facing multiple challenges to deliver services amid rocketing demand. This will allow charities to communicate more widely with supporters and share the vital work they are doing.”

Picture by Solen Feyissa on Unsplash