[omh]

The article says:

unless it can be proven that the recipient consented to them or was a customer – with John Lewis unable to satisfy either requirement

So it sounds like in this case he didn't actually purchase anything.

I've never been a big fan of the "existing business relationship" rule. It basically means I have to click an unsubscribe link once for every company I buy from.

[mnw21cam]

When does an "existing business relationship" end? If I buy a £1 widget for auntieswidgetstore.co.uk, do they have an "existing business relationship" until the day I die?

In my books, once payment has been made, the goods received, and the sales contract completed, the business relationship is over. Comments? Anyone here a (British) lawyer?

[akadruid1]

IANAL but the ICO has a readable summary. They say you should be given a simple way to opt out in every communication:

from http://ico.org.uk/concerns/marketing/11

The law says that marketers are allowed to send marketing messages if:

the marketer has obtained your details through a sale or negotiations for a sale (this includes asking for a quote); the messages are about similar products or services offered by the sender; and you were given an opportunity to refuse the marketing when your details were collected and, if you did not refuse, you were given a simple way to opt out in every future communication.

[jack-r-abbit]

To me it sounds like John Lewis met all of those conditions. I can see there might be some grey area in the first one. But I would argue that when the guy signed up on their site, he was at least taking the first step in negotiations for a sale. But it seems John Lewis argued that and lost so I guess I would lose too.

Edit to add: I do think that pre-checked opt-ins are a bit sleazy.

[jameshart]

What if there's a recall of those widgets? What if the company's DB is compromised and they need to notify you of a possible privacy breach? There has to be some leeway for contacting someone with whom you've done business online.

[dirktheman]

EU law makes a distinction between service emails and emails with a commercial message.

A recall message (we've noticed a problem with a widget you have) is perfectly legal, while a message like "since you're an avid user of our widget we present you widget v2" isn't.

[goatforce5]

Do you expect any kind of warranty with your widget? Should the relationship be considered to be ongoing if you might go back in the future for service or advice?