Our customer has asked for something I have doubts about.
They would like to communicate with some of their recipients with a message of transactional nature (e.g. something like an order confirmation or an informative email about their upcoming trip). This information needs to be sent to the user regardless of whether they have opted out of commercial emails from the customer. So it is possible that even if the people have opted out, they would still receive this message.
This is a European customer and CAN-SPAM, as well as all GDPR rules, should be applied.
Should these sends go under a new Send Classification? Does simply sending emails and SMS to people under a new Send Classification exempt us from overlooking the opt-out rules?
There will not be any links to the profile center and subscription center in these emails.
Is there any legal way of handling this problem?