New Data Use and Access Act 2025 to enable charities to utilise soft opt-ins for marketing communications

The Data Use and Access Act 2025 (DUAA) received Royal Assent on 19 June 2025 in an effort to boost the UK’s digital roadmap and promote innovation through data usage. In addition to changes being introduced to support data handling, charities will soon be able to broaden the way in which they market and promote their activities.

What is the DUAA?

This new law provides several changes to data protection laws in the UK so that organisations can make better use of data across numerous sectors within the economy. Some of these changes include broader use of personal information, relaxing restrictions around automated decision making and, of course, artificial intelligence considerations (though this is primarily Government-focused).

The DUAA is not designed to replace current data protection laws (such as the UK GDPR and Data Protection Act 2018), but instead amend certain provisions.

Soft Opt-ins

One of the key changes for charities brought about by the DUAA is the introduction of ‘soft opt-ins’. This provides the ability for charities to send electronic marketing to people whose personal information has been collected when they either express an interest or offer support. Such interest and support are deemed to be considered as sufficient consent, provided the individual has been given the opportunity to ‘opt-out’ of receiving marketing at the time that their data is collected.

The type of marketing permitted in this context is electronic mail which includes emails, texts and social media messages. It does not include telephone marketing. In addition, if the person decides to opt-out of receiving such communications, they should not be in receipt of the same. 

It is expected that soft opt-ins will enable charities to expand their audience and increase contact with keen supporters of their initiatives. This, in turn, should improve fundraising opportunities and accelerate the development of charities.

What does this mean for my charity?

Although we are still awaiting the implementation of soft opt-ins, charities are being advised to begin preparations now so that they can best utilise them when they are ready to be rolled out.

Practical steps for preparation can include reviewing current marketing processes, training staff and carrying out impact assessments (which are a legal requirement) to determine the appropriateness of soft opt-ins.

It should be noted that, although new individuals may be eligible to receive communications, this does not apply to those already on a charity’s database. Therefore, retrospective soft opt-ins are not permitted, and an existing individual’s marketing preferences should be honoured.

At Stephens Scown, we have a wealth of experience in UK data protection laws and can advise on the impact of the DUAA for your organisation. If you have any questions about the DUAA or would like support in undertaking impact assessments for soft opt-ins, please email DataProtection@stephens-scown.co.uk or call 0345 450 5558.

This article was co-written by Joey Medway and Thomas Chartres-Moore.