On 21 April 2026, the Court of Appeal handed down judgment in RTM v Bonne Terre Ltd and another. The judgment relates to consent under UK GDPR (consent given by a “problem gambler” to marketing from an online betting business).
The Court of Appeal overturned the judgment of the lower court, which had decided that the data subject’s consent was impaired by his gambling problem and thus was not valid.
The Court of Appeal held that the test for consent is an objective assessment of the requirements set out by the GDPR and that the data subject’s mental state was not relevant for assessing this.
This clarity will surely be welcomed by controllers across the UK.
You can access the full judgment here.
