3-Part Legitimate Interest Assessment for Abandoned Cart email

Please note that the information given is in no form any legal advice. The information's purpose is to help our partners understand the basics of the subject and the Convious tools, so partners can determine and execute their own level of compliance. While we do our best to provide helpful information as a starting point, certain concepts may not apply in all countries. Thus, nothing can substitute regional legal advice. Convious accepts no liability for the correctness and completeness of the information and the affirmative actions taken as a response.

The Purpose Test

"You need to demonstrate that sending out abandoned cart emails is necessary and proportional to achieve the legitimate interest you identified in the first step."

• Promotes only our own products or services
• Promote only the exact items they added to their cart
• Sends the email only to visitors who started the final step of the sales process (Soft opt-in under the ePrivacy Directive).  
• Provides prospects with the "opportunity to refuse or opt-out of the marketing, both when first collecting the details and in every message after that."

The Necessity Test

"We need to show that there are no less intrusive and equally effective direct marketing methods than emails. The number of emails you send and the collection of email addresses is proportional to the legitimate interest you are trying to achieve."

• No other information is collected, so there is no other way to contact them. 
• One and maximal two emails are sent over the course of a full day - for an experience that usually lasts multiple hours up to a full day. Further, no inappropriate products or services are included. Lastly, the items can not be considered disproportionately expensive (or be defined as luxurious goods).

The Balancing Test

"You need to balance your legitimate interests against your prospects' rights and freedoms and ensure that their rights do not override your legitimate interests."

Considering that prospects already showed strong interest in the products to the degree that they added items to their carts AND shared their contact details, it is reasonable to assume that they would not be surprised by an abandoned cart email. In certain situations, a friendly reminder will even be in the interest of the data subject instead of being against it.

Please note that the above is in no way legal advice and can be considered to be sufficient or complete.