Soft Opt-In Explained
The 'soft opt-in' is a useful but often misunderstood exception under PECR. It lets you email existing customers about similar products without fresh consent — if you meet specific conditions.
This is general guidance on when the soft opt-in applies.
The Conditions
- You obtained the contact details during a sale or negotiation of a sale.
- You are marketing your own similar products or services.
- You gave a simple opt-out when you collected the details.
- You offer an opt-out in every subsequent message.
Where It Does Not Apply
The soft opt-in does not cover people who only enquired but never bought, nor marketing on behalf of third parties, nor products unrelated to the original purchase.
Use It Carefully
Treat the soft opt-in as a narrow exception, not a loophole. If in doubt about whether a product is 'similar', seek consent instead.
Frequently Asked Questions
Does the soft opt-in apply to text messages too?
Yes, the same principles apply to SMS marketing to existing customers, provided the conditions are met.
If you need a hand with any of this, your Progressive Robot delivery team is ready to help. Raise a ticket from the Support area of your client portal or speak to your account manager and we will guide you through the next steps.