Navigating Change in Email Marketing

Contributors: Komal Helyer, Profusion; Chris Barnett, 1973 Ltd; Stephanie Black, British Airways; Sam Beddoes, Action Rocket; Susan Corless, TwentyCi; Sevil Crespo, VML; Kristina Sallnow, Cancer Research UK; Jen Jacobs, Digitas; members of the Email Council.

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Embracing a New Era of Email Marketing

Legislative shifts and a wave of new technologies are redrawing the boundaries of what’s possible in email marketing. During their meetings, the Email Council have been actively assessing how to respond to these developments, ensuring they adopt strategies that are both effective and ethically sound. Central to current discussions are the implications of the Data Use and Access (DUA) Act, European accessibility legislation, and the latest updates from Apple’s iOS 18.

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The DUA Act: Expanding Opportunities for Charities

Opening New Avenues

The DUA Act introduces an extension of the "soft opt-in" rule to charitable organisations, enabling them to contact supporters who have not explicitly opted in to receive marketing emails. This shift could prove highly beneficial, with analysis from DMA Member Wood for Trees suggesting it could lead to an additional £290 million in donations within the UK.

Supporting Implementation

To help charities take advantage of this opportunity, the DMA delivered this webinar to guide charities through both compliance and campaign planning.

A new resource has been created to support our members: Sot Opt-In For Charities: Your Questions Answered. This resource answers the most common questions we’ve received from charities and explains what the soft opt-in could mean for the sector.

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Ethical Considerations and Practical Strategies

Managing Risk and Expectations

Although the legislative change opens new possibilities, consensus among the members of the Email Council is that charities must act with caution. Simply having the legal right to email does not mean that mass outreach is advisable. Transparency measured strategy and respect for the user experience remain vital.

Though the DUA Act is now law, the soft opt-in extension is yet to come into effect as we are in the implementation period. The Government have not announced when it will come into effect so charities must obtain consent for email in the meantime, but there are plenty of steps you can take now in preparation.

Proposed Approaches

• Loyalty Journeys: Continuing or introducing non-solicitous content such as thank-you messages or updates on impact.
• Testing and Segmentation: Trialling outreach with smaller, prioritised groups such as recent or high-value supporters.
• Data Hygiene: Scoring existing data to determine quality and engagement potential before launching campaigns.
• Consent Management: Making use of preference centres to allow recipients to manage the frequency and type of communication they receive.

Council members also emphasised the need for clarity in messaging. Explaining why a recipient is being contacted, including referencing the change in legislation, can build trust and avoid confusion. Offering easy options to opt out should be standard practice.

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Accessibility Legislation: Preparing for the Future

The European Accessibility Act came into effect in June 2025, with a five-year transitional period. The Act requires digital content, including emails, to meet specified accessibility standards. These include:

• Descriptive Alt Text: All images must contain clear, meaningful descriptions.
• Plain Language: Content should be clear, concise, and easy to understand for a wide audience, avoiding jargon and complex sentence structures.
• Clarity in Links and Buttons: Interactive elements should not rely solely on colour for identification and must avoid vague labels like “click here”.
• Coding Practices: Use of structural tags such as H1, H2 and H3 is encouraged, and templates must support screen reader functionality.
• Colour Contrast Standards: Use clear, easy to read text with strong colour contrast, making it is accessible to people with visual impairments.

Proactive Adoption

Many organisations are already adapting. Teams are revising creative briefs, updating templates, and beginning to test designs with screen readers. Resources such as reports from Litmus and guidance from the Email Markup Consortium are proving valuable. These improvements have benefits beyond compliance, including improved user experience, SEO and compatibility with emerging AI tools.

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Apple iOS 18: The Impact of New Features

Email Previews and Prioritisation

The latest iOS update introduces several changes affecting email visibility and interaction:

• Pre-header Overwriting: Apple may now override marketers’ chosen preview text with automatically generated summaries.
• Inbox Sorting: Emails from sources like banks and schools may be prioritised, pushing promotional emails further down or into secondary tabs.
• Summarise Button: Users can access a brief generated summary of the email, potentially influencing whether they open it.

Strategic Adjustments

• Optimising Subject Lines: Important messages must be conveyed clearly and early, as pre-header control is diminished.
• Adapting to Tab Filtering: The increased visibility of advertisements and non-promotional content in inboxes means marketing emails are more likely to be overlooked.
• Engagement Challenges: Some brands are already reporting reduced open rates and plan to investigate further. There is concern about the longer-term impact on sender reputation and deliverability.

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Charting the Future: Staying Visible, Relevant and Responsible

The convergence of legislative reform and technological advancement is reshaping email marketing. Marketers must balance opportunity with accountability, ensuring that new capabilities are used responsibly and effectively. The path forward lies in adopting inclusive design, respecting user preferences, and embracing continuous learning. With thoughtful strategy and a commitment to best practice, organisations can navigate these changes while maintaining trust and achieving meaningful engagement.

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