What the DUAA “soft opt-in” change means for charity visitor attractions

Charity visitor attractions have always had to tread carefully when it comes to email marketing. The rules have been strict, and for good reason, but they’ve also made it harder to stay in touch with people who genuinely want to hear from you.

That’s now starting to change.

Under the Data (Use and Access) Act 2025 (DUAA), charities and non-profit organisations will soon be able to rely on an expanded form of “soft opt-in” for electronic marketing such as emails. For charity-based attractions, this could open up new, responsible ways to communicate with supporters.

So what does this mean in practice, and what steps should you be taking now to prepare for this change? 

What is “soft opt-in”?

Soft opt-in is an existing concept in UK e-privacy law. In simple terms, it allows organisations to email people they already have a relationship with, without asking for explicit marketing consent every time, as long as certain safeguards are met.

Until now, this approach was largely limited to commercial organisations selling goods or services. Most charities were excluded and had to rely on explicit opt-in consent for email marketing.

What’s changing under the DUAA?

The DUAA extends a modified version of soft opt-in to charities and non-profit organisations.

For visitor attractions, this means that people who have shown support for your charitable purpose may be contactable by email about future activities that support the charity’s aims, without explicit marketing consent, provided specific conditions are met.

Former engagement could include: 

• Buying tickets
• Making a donation
• Booking a charity event
• Joining as a member or “friend”

The new rules are expected to come fully into force between now and June 2026.

The conditions still matter

This isn’t a free-for-all, and it won’t suit every situation. To rely on the new charity soft opt-in, attractions will need to ensure that:

• The purpose of the email is genuinely charitable
  Communications should relate to things like events, fundraising, volunteering, memberships or other activity that furthers the charity’s objectives.
• The relationship is clear and reasonable
  Contact details must have been collected because someone showed interest in, or offered support for the charity, not from unrelated sources.
• Visitors are given a clear opt-out when their details are collected
  This is especially important at the point of ticket purchase, donation or booking.
• Every email includes a simple way to unsubscribe
• The change is not applied retrospectively
  Only contacts collected after the new rules take effect can be included under this approach.

Why this is relevant for attractions

Many charity attractions have strong visitor numbers but relatively small email lists, simply because consent rules have been restrictive.

Handled carefully, the DUAA change could help attractions:

• Stay in touch with people who already value their work
• Improve attendance at exhibitions and events
• Support fundraising and membership growth
• Build longer-term relationships with supporters

The key is getting the foundations right.

What attractions should be reviewing now

It’s worth taking some time to look at how supporter data is collected and explained.

In particular:

• The wording used during online ticket purchases and donations
• How opt-out options are presented
• Whether privacy notices clearly explain how supporter communications work
• Whether systems can distinguish between contacts collected before and after the change

Extra care is still needed where visitors are children, vulnerable individuals, or service users. The new rules don’t remove those responsibilities.

How Merac can help

Ticketing systems play an important role in setting expectations and capturing information in the right way.

At Merac, we’re focused on helping charity attractions:

• Collect visitor data transparently
• Support clear opt-out choices at the right moment
• Manage supporter information responsibly as the rules evolve

Our aim isn’t to push attractions into doing more marketing, but to make sure that if you choose to engage supporters by email, you can do so with confidence.

Our take on DUAA “soft opt-in” changes 

The DUAA soft opt-in change is a positive development for the charity sector, but it does require a considered approach.

Used well, it gives attractions more flexibility to communicate with people who already care about their mission, while still respecting privacy and trust.

If you’d like to talk through what this might mean for your attraction, or how Merac can support your approach, we’re always happy to help.