Following a five-day trial, Collins Rice J has handed down a lengthy and significant judgment on the approach to consent under the Data Protection Act 1998, the UK GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
RTM v Bonne Terre Ltd & Hestview Ltd [2025] EWHC 111 (KB) concerned a claim brought by a former customer of the defendants, who operate the Sky Betting & Gaming (“SBG”) brand. RTM considers himself to have a gambling addiction and to have engaged in harmful gambling whilst a customer of SBG. His claim concerns the processing of his personal data by SBG in connection with sending him direct marketing emails in relation SBG gambling products, including how he was selected for direct marketing campaigns and otherwise internally profiled for marketing purposes.
Collins Rice J found for RTM on the grounds that SBG had not at the relevant time – the claim being focused on 2017-2018 – obtained RTM’s valid consent, either to the use of cookies or the sending of email direct marketing. The judgment focuses on the ability of RTM specifically to have given valid consent at the relevant time, by reference to the impact of his gambling behaviour on him.
A remedy hearing is to be listed later this year.
Christopher Knight, instructed by AWO, acted for RTM, leading Aarushi Sahore (Brick Court). Ben Mitchell also acted for RTM at an earlier stage.
Robin Hopkins and Daniel Isenberg, instructed by Wiggin, acted for the SBG defendants.
