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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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