Hope & May CEO, Mark Burnett, recently delivered a webinar organised by Fundraising Everywhere on the subject of the Soft Opt-in for charities. During the session, a question was raised about third-party platforms and whether the soft opt-in could still apply. ICO guidance states that where the data originates from a third party, the soft opt-in will not apply.
For example, a fundraising platform may enable an individual to donate in support of someone taking part in a marathon challenge. The platform has its own branding and may support multiple charities. In this scenario, the donor understands they are engaging with the platform rather than directly with the charity. Even if supporter data is later shared with the charity, the soft opt-in would not apply.
However, a different position may apply where third-party technology is closely aligned with the charity’s own brand and donor journey. If the experience is presented in a way that makes the supporter believe they are dealing directly with the charity, the soft opt-in may still apply.
In practice, much depends on the donor’s intention and experience. If an individual visits a charity’s website and clicks a “Donate” button, they are likely to believe they are engaging with the charity throughout the process. Even where a third-party provider facilitates the transaction behind the scenes, the donor relationship is still perceived to be with the charity. In these circumstances, the soft opt-in may apply.
The key question is: does the donor reasonably believe they are dealing directly with the charity rather than a third-party provider?
To explore this further, Mark discussed the scenario directly with the ICO, who provided a helpful analogy. If an individual purchases a Dyson vacuum cleaner through the John Lewis website, the commercial soft opt-in may allow John Lewis to market similar products to that customer. However, Dyson would be unlikely to rely on the same soft opt-in arrangements simply because John Lewis shared details of the purchase. In that transaction, John Lewis remains the direct relationship.
Ultimately, the determining factor is whether the individual intended to deal directly with the charity. Where that is the case, the involvement of third-party service providers within the donation journey does not necessarily prevent a charity from relying on the soft opt-in.
