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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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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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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