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26 June 2026
Issue: 8167 / Categories: Legal News , Data protection , Privacy , Technology , Marketing
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NLJ this week: Court of Appeal redraws the consent boundary

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© Getty images
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law

Writing in NLJ this week, Amanda Leiu, Hamish Corner and Jess Mant of Burges Salmon analyse the Court of Appeal’s decision in RTM v Bonne Terre, involving a recovering gambling addict and targeted marketing by Sky Betting.

The court rejected an earlier finding that consent depends on an individual’s subjective state of mind. Instead, it confirmed that consent must be assessed objectively, based on factors such as information provided, choices presented and actions taken. The judges concluded that organisations are not required to prove what a person actually thought when consenting. However, vulnerability remains important.

The court suggested that where organisations know, or ought to know, that someone’s autonomy is compromised, wider fairness obligations may still be engaged. The ruling offers certainty on consent while reminding businesses that fairness and transparency remain critical safeguards.

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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