gdpr email email-marketing
Where is the line between transactional vs marketing emails with GDPR?
<p>If a company that offers a product where the user logs in, such as a SAAS product, and they send emails with certain intentions, where is the line drawn between a transactional and a marketing email?</p>

<p>Some seem pretty obvious, such as</p>

<ul>
<li>Buy my product - Marketing</li>
<li>Here is a coupon to buy stuff - Marketing</li>
<li>Password Reset Email - Transactional</li>
<li>Policy or Terms have been updated - Transactional</li>
<li>You have been given administrative rights - Transactional</li>
<li>Your coworker has invited you to this platform - Transactional</li>
</ul>

<p>But there are other reasons for sending an email that are not as clear, such as:</p>

<ol>
<li>You have not logged in for a few days, come back</li>
<li>Check out this new feature (encouraging people to use the platform)</li>
<li>Welcome to the system, here is how to get started</li>
<li>Here is a report of your activity on our platform for the last month</li>
<li>You are halfway through your goal, keep going!</li>
</ol>

<p>Where would these other kinds of emails fall under, transactional or marketing?</p>

<ul>
<li>You have not logged in for a few days, come back 

<ul>
<li>Marketing in the way it is formulated. Transactional only if it is mandatory for the contract, such as a reminder that the service is due to end.</li>
</ul></li>
<li>Check out this new feature (encouraging people to use the platform)

<ul>
<li>Marketing.</li>
</ul></li>
<li>Welcome to the system, here is how to get started

<ul>
<li>Transactional, it is like giving the Handbook to a device.</li>
</ul></li>
<li>Here is a report of your activity on our platform for the last month

<ul>
<li>Transactional, possibly mandatory for some services anyway (banking)</li>
</ul></li>
<li>You are halfway through your goal, keep going!

<ul>
<li>Marketing in most cases (if goal is set by the company), but can be transactional if it is a service for tracking your <strong>own</strong> progress.</li>
</ul></li>
</ul>

<p>The Rule of thumb is: Whenever you want the user to do something, it's most likely marketing. Whenever you inform them of something that has happened or will soon, it's most likely transactional.</p>

<blockquote>
  <p>where is the line drawn between a transactional and a marketing email? Where would these other kinds of emails fall under, transactional or marketing?</p>
</blockquote>

<p>Only item 2 is palpably about marketing. All other items require more context, since one or more of them might be <em>necessary for the performance of a contract</em> between the user and the company, and consequently be of transactional nature. See <a href="http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679" rel="nofollow noreferrer">GDPR</a>, Article 6.1(b).</p>

<p>For instance, items 1 or 5 might require user action without which the purpose of the contract would be stalled or frustrated.</p>

<p>Item 3 could be transactional if it is essential for customer's usage of a product he has requested or even paid.</p>

<p>Likewise, item 4 might be <em>necessary for compliance with a legal obligation to which the controller is subect</em>. See GDPR Article 6.1(c). As an example, legislation regarding financial services might require the company to issue activity reports periodically.</p>
