Good Sales Practice or Spam?
Most internet users today are aware of the General Data Protection Regulation (GDPR) - a leading data protection framework that governs how personal data is collected, stored, and used. Although the UK is no longer part of the EU, UK GDPR, which is based on the same principles, continues to apply and remains a legal requirement for businesses processing personal data within the UK.
Online shoppers in the UK continue to be protective about how their data is used, and businesses must demonstrate lawful, fair, and transparent data practices. This includes all email communications, such as abandoned cart reminders.
Why Email Still Matters
Emails are still considered an effective way to engage users especially when the message is relevant, well-timed and compliant with the law. As with all business practices, you always need to consider your target audience, every step of the way. By complying with the UK GDPR law it helps to embed trust.
Understanding Email Types
There are two basic types of automated emails that most businesses send:
- Marketing emails - designed to promote commercial products and services (such as ads, promotions, campaigns, etc.).
- Transactional emails are not promotional in nature and might be triggered by interactions with your site (such as receipts, shipping notices, password reminders, etc.).
To comply with the UK GDPR, your transactional emails need to be limited in their purpose. All personal data processing must occur under one of six lawful bases:
- Consent
- Contract
- Legal obligation
- Vital interests
- Public task
- Legitimate interests
Transactional emails that you send to customers after they complete a purchase would fall under the ‘Contract’ category.
But what about abandoned cart emails?
In the past this has been considered a bit of a grey area. A user cannot consent to receiving them and they have not yet entered into a contract with your business.
Whilst it's reasonable to think that someone who left the checkout before completing their purchase had changed their mind, there are lots of reasons why a user might get distracted but still intended to make the purchase. A gentle reminder in the inbox can be a welcome relief. Or it can be clutter in an overflowing inbox. However since the GDPR laws came into effect, along with the Data Protection Act 2018, online retailers who were on the ball recorded an upturn in sales as their abandoned cart emails were actually reaching the recipients' gaze as they scrolled through their less cluttered inbox.
Abandoned cart emails are legal and fall under the 'Legitimate interests' category. The timing of the email and the message within it is critical.
Think about your target audience and how you position your message. Critically though, do not include marketing within them or you do breach the law and can be subject to a hefty fine if reported.
The privacy policy on your website is the best place to establish how and why you are sending transactional emails. It allows the user to be informed and to make a choice, whilst not directly being able to give consent. One important factor in the UK GDPR is that you are lawful, fair and transparent.
You must still provide a link for the recipient to unsubscribe. This will link to the Abandoned Cart module where their email address will be flagged as no longer wishing to receive these emails. This is separate from your marketing mailing list.
In summary, sending an abandoned cart email is considered 'legitimate interest', informing your users of such within your privacy policy is providing them with transparency in how their data is used, and by providing an unsubscribe link you are giving the recipient a choice.
Important Do's and Don'ts
- Be transparent: Mention abandoned cart reminders in your privacy policy and explain the lawful basis for sending them.
- Keep it transactional: Do not include promotional offers, cross-sells, or upsells unless the recipient has opted into marketing.
- Allow opt-out: Even though it’s not strictly marketing, you should always include an unsubscribe link. If a user does opt out, you must stop sending future cart reminders.
- Segment opt-outs: Ensure unsubscribing a recipient from cart reminders does not remove them from other transactional emails (or vice versa).
- Do not assume consent: If someone enters their email to check shipping costs or to create a wishlist, that is not enough to justify sending follow-up emails.
- Avoid bundling marketing: Do not mix abandoned cart messages with marketing content without consent - it risks breaching UK GDPR.
About the Author Marie has over 25 years experience working in web publishing and digital development. She has previous experience as a content writer, web designer and managing teams responsible for the delivery of digital products.