Do transactional emails require consent?

Transactional emails generally don't require marketing consent because they're fulfilling expected communication related to an existing relationship or transaction. When someone places an order, they implicitly expect (and need) an order confirmation. When they create an account, they expect account-related notifications. When they request a password reset, they expect that email. These messages exist to serve the recipient's needs in the context of their relationship with you, not to promote your interests, which is why consent frameworks treat them differently from marketing.

However, "no marketing consent required" doesn't mean "no rules apply." Transactional emails should still be necessary, expected, and proportionate. You can't use the transactional exemption to justify sending whatever you want to anyone who's ever interacted with you. The message must have a genuine transactional purpose-providing information the recipient needs related to a specific transaction, account, or service relationship. Sending "transactional" emails that are actually promotional, or sending excessive transactional communications beyond what's necessary, can still create compliance issues and damage your relationship with recipients.

Under GDPR specifically, transactional emails are typically justified under "performance of a contract" (Article 6(1)(b)) or "legitimate interest" rather than consent. But this lawful basis only covers processing necessary for the transaction-not open-ended permission to send whatever you deem related. You must still comply with other GDPR requirements like data protection, purpose limitation, and providing appropriate privacy disclosures. Transactional emails don't need separate consent because the transaction itself creates the expectation, but that expectation has boundaries.