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High Court rules against Sky Betting & Gaming in data protection claim

28/01/25

The High Court (Collins Rice J) handed down judgment in RTM v Bonne Terre Ltd & Hestview Ltd [2025] EWHC 111 (KB) last week. The case addresses among other things the concept of “consent” in data protection law. 

The claim was brought by a reformed problem gambler who used Sky Betting & Gaming (“SBG”) platforms. The Claimant argued that his harmful gambling behaviour was fuelled by extensive marketing profiling and direct marketing, to which he did not consent, and for which SBG had no lawful basis under the relevant legislation.

Collins Rice J found for the Claimant on the basis that SBG had not obtained his valid consent, either for the use of cookies or the sending of email direct marketing. The Judge considered the mechanisms through which consent was obtained (and the information provided to the Claimant at the time) was not sufficient to establish consent.

The Judge set out a sophisticated analysis of the concept of consent, consisting of three strands: (1) the subjective state of mind of the person; (2) the autonomy associated with the procedure for expressing consent; and (3) the evidentiary standard to be met by the Defendant. See paragraphs 147-154.

A remedies hearing, in which RTM seeks financial losses as well as distress damages, is listed for later this year.

The judgment is here.

Aarushi Sahore acted for RTM led by Chris Knight (11KBW) (instructed by AWO).