Soft opt-in law change: raise more from text giving

The new Data Use and Access Bill, which passed in June, extends the ‘soft opt-in’ provision to charities, having previously been available only to commercial organisations.

To quote the Fundraising Regulator, this means charities will be able to “send direct marketing using electronic mail (emails, texts and social media messages) to people who either express an interest in or offer to provide support to their charity, without needing the person’s consent first.”

It’s a small but important change that opens up a range of possibilities for supporter engagement – offering a compliant way to connect with audiences who have shown that they care about your cause.

And at a time when recruitment is tougher than ever, it’s a welcome growth opportunity.

Soft opt-in and text-to-donate

While most people are, understandably, focused on the implications of the soft opt-in for email, we’re very excited about how it affects text communications and text-to-donate (aka Premium SMS or PSMS).

It’s a simple shift, but a powerful one – modernising fundraising consent for the digital world and giving charities more flexibility to reach supporters on the devices they actually use

Text giving and messaging is quick, frictionless and personal. It builds trust and engagement with audiences who might ignore email but always check their messages. 

Ten years ago, it helped recruit hundreds of thousands of new supporters for UK charities and our PSMS payment systems have since processed over £100 million in text donations.

This new soft opt-in rule makes those results easier to replicate. But we’re not just looking to recreate techniques from the past. We’re also very much focused on how the messaging market has changed and how charities can adapt the techniques – like WhatsApp.

WhatsApp and ‘conversational giving’

WhatsApp has long since overtaken text as the UK’s favourite way to communicate.

It’s quick, social, and encourages sharing. Unlike text, it’s also ‘content-friendly’ – allowing you to share longer copy, images, sound, video, surveys and games in-app. And with the right tech (including a bit of AI as appropriate) it turns the supporter experience from a broadcast to a dialogue.

We’re already building some really engaging recruitment and development journeys in the app which we’re happy to demo to anyone who’s interested. And we’re hugely excited about the potential of linking SMS, WhatsApp and web together for a seamless experience.

You can watch a free webinar we recently presented about the opportunities here.

What a good PSMS process looks like

Getting this right isn’t about sending more messages, it’s about creating better journeys.

A strong PSMS strategy includes:

• Transparent consent capture: make sure your data collection language clearly includes SMS contact.
• Compelling, short-form storytelling: every character counts - focus on impact, not admin.
• Seamless integration: link your text journeys with web, email, and CRM systems for consistent supporter experiences.
• Timely, human messages: respond quickly, thank personally, and follow up with meaning.

At Open, we bring together creative, strategy, and tech to make this happen – building donor journeys that convert, reactivate, and retain supporters across every channel.

Our team has helped charities like Christian Aid, Save the Children, Sightsavers (and more) build PSMS campaigns that not only raise money but deepen relationships.

So let’s get going, right?

Well yes! And no…

Although the Bill passed in June, ICO guidelines on the use of the soft opt-in aren’t due to be published until the end of the year at the earliest. So we need to hold back when it comes to actually launching campaigns. 

But that doesn’t mean we should sit and wait. 

Instead, let’s seize the opportunity to think about how soft opt-in can help us create new and more exciting donor experiences. How it can help us break channel dependencies and engage new audiences. Most of all, let’s try to have some fun with new technologies and create something new – so when the time comes to push the button we’re ready to go with something great. 

What charities should be doing now

This legislative update gives you a head start – if you act fast to prepare. Here’s what we recommend you do now:

1. Refresh your supporter journeys

Add SMS touch-points that thank, update, and re-engage donors after their first interaction.

2. Prepare your tech stack

Make sure your systems can manage opt-outs, integrate PSMS journeys, and track performance.

Talk to us about our OMG digital fundraising platform if you’d like one place that can manage it all.

3. Stay compliant and transparent

The ICO’s focus is on fairness: clear purpose, clear opt-out, clear relationship.

4. Test and learn

Once it becomes law in practice, start small with reactivation or event follow-up campaigns, then scale once you see the results. Breathe life into proven strategies with new digital tools.

Those who prepare now will be best placed to use the change as a springboard for growth in 2026.

If you’re interested in working with us on this then do get in touch to talk about how your organisation can use the new soft opt-in to raise more money – and reach more people who care about your cause.