Email marketing has long been a vital tool for charities, enabling them to engage supporters, drive donations, and raise awareness about their missions. However, with the recent amendment to the UK’s Data (Use & Access) Bill introducing a ‘soft opt-in’ for charities, there is both an opportunity and a responsibility to use this channel ethically and effectively.

When used well, email marketing can be a powerful force for good. When misused, it risks damaging supporter trust, leading to higher unsubscribe rates, legal risks, and potential harm to a charity’s reputation. So how can charities balance effectiveness with ethical best practices?

Understanding the ‘Soft Opt-In’ Amendment

Traditionally, under the Privacy and Electronic Communications Regulations (PECR), organisations were prohibited from sending marketing emails or texts to individuals without specific consent. The only exception was for existing customers, known as the ‘soft opt-in’. This allowed businesses to send marketing communications to previous customers, provided they offered an easy way to opt out.

The recent amendment extends this ‘soft opt-in’ to charities. It means that charities can now send marketing emails to individuals who have purchased goods or services from them, provided there is a clear opt-out option.

The UK government believes this change could boost annual charity donations by an estimated £290 million by allowing organisations to engage more supporters. However, the Information Commissioner’s Office (ICO) has warned that charities must remain cautious about how they use this change, as misusing the soft opt-in could breach data protection laws and damage public trust.

Why Email Marketing is So Powerful for Charities

Email marketing remains one of the most cost-effective and impactful ways for charities to communicate with supporters. When used properly, it can:

1. Build Stronger Supporter Relationships

Regular updates help charities stay connected with their supporters. Whether it’s sending success stories, updates on campaigns, or behind-the-scenes insights, email marketing fosters a deeper relationship between charities and their donors.

2. Drive Donations and Event Attendance

A well-crafted email campaign can lead to increased donations and event sign-ups. A study by Charity Digital found that email marketing can generate an ROI of £42 for every £1 spent, making it one of the most effective digital marketing tools available.

3. Increase Volunteer Engagement

Emails can be a great way to mobilise volunteers by keeping them informed about opportunities to get involved, whether that’s fundraising events, petition signings, or on-the-ground support.

4. Provide Personalised and Targeted Communication

Segmentation allows charities to send highly relevant messages. A supporter who donated to a children’s education programme, for example, might receive different updates than one who contributed to a homelessness initiative. Personalisation helps increase engagement and fosters stronger connections.

Risks of Misusing Email Marketing in the Charity Sector

While email marketing offers significant benefits, charities need to ensure they are using it responsibly. Here are some of the key risks:

1. Supporter Backlash and Erosion of Trust

Sending unsolicited marketing emails—even when legally permitted—can feel intrusive. If supporters feel their data is being used without proper consent, they may stop engaging with the charity altogether. Trust is one of the most valuable assets a charity has, and once it’s lost, it’s difficult to regain.

2. Legal and Regulatory Risks

Even with the soft opt-in, charities must still comply with UK GDPR and PECR regulations. Failing to provide a clear opt-out mechanism, sending emails to individuals outside of the soft opt-in criteria, or misusing supporter data can result in complaints, reputational damage, and even fines from the ICO.

3. Higher Unsubscribe Rates

If charities start sending frequent or irrelevant emails to supporters who did not explicitly opt in, they risk increased unsubscribe rates. A growing opt-out list not only reduces engagement but also means fewer people receiving important charity updates.

Best Practices for Ethical Charity Email Marketing

To maximise the impact of email marketing while maintaining ethical standards, charities should adopt the following best practices:

1. Obtain Explicit Consent Where Possible

Even with the soft opt-in, best practice is still to ask supporters for their explicit consent. A transparent and upfront approach strengthens trust and makes it clear that supporters are in control of their communications preferences.

2. Provide a Clear and Easy Opt-Out Mechanism

Every email should include a visible and simple way for recipients to unsubscribe. Charities should also offer an option for supporters to manage their email preferences rather than just unsubscribing entirely.

3. Segment and Personalise Emails

Sending targeted messages based on supporter behaviour and interests leads to better engagement. For example:

• Previous donors could receive updates on how their contributions have made an impact.
• Event attendees could receive reminders about similar future events.
• Volunteers could receive invitations to specific campaigns relevant to their past work.

4. Maintain Transparency About Data Usage

Supporters should always know how their data is being used. Clearly explaining why someone is receiving an email—whether they donated, attended an event, or purchased something from a charity shop—builds trust.

5. Avoid Overloading Supporters with Emails

A high volume of emails can overwhelm supporters and cause disengagement. Instead of bombarding inboxes, charities should focus on quality over quantity – sending valuable, meaningful content rather than constant donation requests.

6. Optimise for Mobile and Accessibility

More than 50% of emails are opened on mobile devices. Ensuring emails are mobile-friendly and accessible for people with disabilities (e.g., using alt text for images, clear fonts, and simple formatting) improves engagement and inclusivity.

Charities Leading the Way in Ethical Email Marketing

Macmillan Cancer Support

Macmillan has a strong email marketing strategy focused on supporter-centric content. Instead of only sending donation requests, they share inspiring patient stories, health advice, and updates on how donations are used—making their emails feel less transactional and more community-driven.

WaterAid

WaterAid personalises its email campaigns based on supporter behaviour. If someone donates to a specific campaign, follow-up emails highlight the direct impact of their donation rather than sending generic requests for more money.

British Red Cross

British Red Cross runs opt-in only email campaigns, ensuring that only engaged supporters receive communications. Their clear opt-in messaging and user-friendly preference centre allow recipients to customise the type of updates they receive.

Conclusion: A Responsible Approach to Email Marketing

Email marketing remains an incredibly powerful tool for charities—when used ethically. The new soft opt-in presents an opportunity to strengthen supporter relationships, drive donations, and increase engagement. However, with this opportunity comes the responsibility to respect supporters’ data and choices.

By focusing on consent, transparency, and personalisation, charities can build long-term trust with their supporters while ensuring compliance with data protection laws. The most successful charity email campaigns are not just about raising money – they are about building lasting relationships that inspire continued support.

If your charity is using email marketing, now is the time to review your approach and ensure it aligns with best practices. A well-crafted, ethical email strategy will serve both your organisation and your supporters for years to come.