I have a client who’s business in in Canada. I am looking for clarity on whether we can send Abandon Checkout Emails to site visitors who have not opted in to receive email marketing.

CASL compliance seems a bit different from GDPR and I cannot find any exact information around Abandon Checkout Emails.

CASL required explicit consent for marketing emails, but implicit consent for certain transactional emails. Does the user entering their email at checkout fall under implicit consent and therefore we can legally send them abandon checkout emails?

These emails are automatically sent when a user enters their email details into the website at checkout, even if they have not opted into email marketing.

Or do I need to set up a trigger in the Abandon Flow to exclude anyone who hasn’t joined a list? This seems to be a very grey area so hoping for some clarity as excluding users who have not opted into marketing emails will exclude a large portion of users, thus reducing the power of email significantly for the brand.

Thank you