I would like to add to that. An email that facilitates, completes, or confirms a commercial transaction is deemed to be a CEM. I can give you two examples of emails that are sent in the context of sound business practices and that would fall under that definition.
We are an issuer of credit cards. If I want to alert by SMS the owner of the credit card that they are approaching their credit limit, or even surpassing it, I can't send it because it might be a CEM. As a co-operative, I want to warn my cardholder. That's a good, sound business practice.
Another one is under new technologies. I want to be able to offer electronic signature at a distance, and I want to send a password for the electronic signing session to my client, but the transaction hasn't been completed yet, and that's a CEM. It's much too broad.