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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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