How to Avoid a Legal Land Mine in Email Remarketing
in: Blog.
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Tags: CAN-SPAM, ecommerce, email conversion, email remarketing, European Union Privacy Directive, marketing software, privacy, Ruth Boardman, SeeWhy, shopping cart abandonment, shopping cart recovery, social media, web analytics, website conversion
Recovering abandoned shopping carts and web forms is a lucrative business. On average 70 percent of shopping carts and 56 percent of web forms are abandoned before completion. In an effort to win these customers back, retailers employ email remarketing campaigns that should recover on average between 10 and 30 percent of abandoners. That translates directly into significant incremental revenues.
When it comes to email remarketing, one question that I get asked fairly regularly is about what is needed to ensure compliance with CAN-SPAM in the U.S. and the European Privacy Directive in Europe when setting up a remarketing campaign. The situation is really straightforward in the U.S. (it comes down to little more than checking your privacy policy), but it is slightly more complicated in Europe.
As a result, we engaged Ruth Boardman, a partner at Bird and Bird LLP, and one of the world’s leading electronic data privacy experts. Ruth and I co-authored a white paper on email remarketing compliance that covers this subject in more depth, and additionally, we recorded a webcast titled Email Remarketing and Compliance (in the U.S. and European Union).
For this blog, we’ll focus exclusively on the U.S., and I’ll write about compliance in the European Union separately. (…)

