Definition
The soft opt-in is a UK exception in PECR regulation 22(3) that lets a business send marketing texts to its own customers without prior consent if three conditions are met.
PECR regulation 22(2) bars unsolicited direct marketing by electronic mail to an individual unless the recipient has previously notified the sender that they consent. The ICO treats marketing texts as electronic mail for these purposes, and consent must meet the UK GDPR standard: freely given, specific, informed and unambiguous. The soft opt-in in regulation 22(3) is the narrow exception.
All three conditions must be met. You obtained the contact details in the course of a sale, or negotiations for a sale, of a product or service. The marketing is for your own similar products and services only. And the recipient was given a simple means of refusing, free of charge except for transmission costs, when the details were collected and in each later message.
Do not stretch it. It does not cover bought or third-party lists or people who never bought from you, and it must be kept away from anyone who has already opted out. Where any condition is unclear, collect consent instead and store the wording, timestamp and number.
Our regulation data adds that double opt-in is the operator-preferred standard for UK marketing and that the STOP keyword is honoured network-wide as a one-step opt-out. This entry is general information, not legal advice; confirm your approach with UK counsel.
Frequently asked questions
What are the three soft opt-in conditions?
You obtained the details during a sale or negotiations for a sale, the marketing covers only your own similar products or services, and the person was given a simple, free way to refuse when the details were collected and in every message.
Can I use the soft opt-in for a bought list?
No. It applies only to people whose details you collected yourself in a sale or negotiation, and it should not be used for third-party lists or anyone who has opted out.
Does the soft opt-in apply outside the UK?
No. It comes from PECR regulation 22(3). Other markets have their own rules; Germany, for example, expects provable prior consent and does not allow you to rely on a comparable exception for SMS.