Canadian CASLCompliance - Abandon Checkout

  • 31 August 2022
  • 3 replies

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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


Best answer by alex.hong 31 August 2022, 23:53

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3 replies

Userlevel 7
Badge +38

Hi @yoghan9, I’m in Canada and have been running 5 brands to only Canadian customers in the last 4 years.  Don’t this as legal advice, but I send abandoned checkout emails to everyone and haven’t had any issues with spam or CASL complaints. 

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Thank you Alex. What would the recommend Flow set up be to only include people who have no subscribed, and have added to cart?

Userlevel 7
Badge +58

Hi there @yoghan9,

Welcome to the Community.

We believe that transactional emails still need to meet CASL requirements. There are two types of consent under CASL – express and implied.Transactional messages typically are implied consent as they are mostly say Order Confirmations or Order Updates - which we also send to Suppressed Profiles, so assuming they’d pass CASL. This is not legal advice of course and we recommend checking with a counsel for clarification. Other details on Klaviyo and CASL can be found here.