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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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