Why you should put supporters first when updating donation forms

The Data (Use and Access) Act 2025 changes the rules for charity marketing, but rushing to implement a soft opt-in could do more harm than good

13 February 2026

James Gadsby Peet leads digital and strategic thinking at William Joseph

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The risk of rushing into new rules

The Data (Use and Access) Act 2025 has created a lot of noise in the charity sector. It allows for a ‘soft opt-in’, meaning charities can send email marketing to people whose personal information you collected when they donated or volunteered – without them needing to say ‘yes’ first.

While this looks like a quick win for retention, sector bodies like the Fundraising Regulator and the ICO are urging caution. They are still finalising guidance on how this should work in practice.

At William Joseph, we believe that just because the law might allow something, it does not mean it is the right thing for your supporters. We are not legal experts, and this article is not legal advice. Instead, it is a look at why a user-first approach is the safest way to navigate these changes.

Avoid negative phrasing

One of the biggest risks for soft opt-in is the temptation to use confusing interaction patterns. A common mistake is to use checkboxes with negative wording, where a user has to tick a box to say they do not want something.

A simple way to test whether you’re using positive or negative phrasing is to replace the checkbox with the word ‘yes’. If the result is unclear or contradictory you’re probably using negative phrasing.

Clear labelling is good for everyone, but particularly for people with lower literacy or who don’t speak English as their first language. Negative phrasing is problematic as it increases:

  • cognitive effort
  • the risk of errors

Forcing a user to work hard to find the ‘no’ option is not a good way to start a relationship. While soft opt-in may increase your subscriber numbers in the short term, it risks damaging the long-term trust a donor has in your brand if it leads to accidental sign-ups for people who do not want your emails.

While the new Data Act allows for lower-friction forms, charities should avoid ‘yes for no’ patterns that might trick users into signing up, as these damage trust and donor relationships.

Guardrails for compliance

If you do decide to explore these changes, you must have the right guardrails in place. Regulators are particularly concerned about how the soft opt-in applies to data collected through third parties or complex supporter journeys.

You should wait for the final ICO guidance before making any permanent changes to your forms. Rushing ahead risks a breach of the Code of Fundraising Practice, which could lead to both a formal investigation and negative press.

It is also important to remember that these rules are not retrospective. You cannot send marketing to everyone on your database who previously chose not to opt in. The new rules only apply to new data moving forward.

Putting your users first

The most successful charities are those that treat their donors with respect. This means being direct and helpful rather than trying to catch them out with clever wording.

Instead of focusing on simply increasing sign-ups, focus first on how to provide value in those communications. If your emails are genuinely helpful and show the impact of donations, people will want to receive them.

Before you change your forms, ask yourself the following questions.

  • Is this wording clear and jargon-free?
  • Does the design help the user make an informed choice?
  • Would I feel comfortable with this if I were the donor?

By prioritising the user experience, you build a foundation of trust that is far more valuable than a slightly larger email list.