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by mnw21cam 4394 days ago
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?
3 comments
akadruid1 4394 days ago
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.

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jack-r-abbit 4394 days ago
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.

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jameshart 4394 days ago
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.
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dirktheman 4394 days ago
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.

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goatforce5 4394 days ago
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?
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