Flutter’s Sky Betting and Gaming Secures Important Legal Win in UK Appeal Court
Background of the Legal Dispute
Flutter Entertainment, the parent company of Sky Betting and Gaming, recently won a significant legal battle in the UK after the Court of Appeal reversed a previous High Court decision. This case, known as RTM v Bonne Terre Ltd, involved a problem gambler who accused Sky Betting and Gaming of misusing his personal data to send targeted marketing messages, which allegedly worsened his gambling addiction.
Claims of Targeted Marketing Leading to Substantial Losses
The claimant, RTM, asserted that Sky Betting and Gaming used cookies and tracking technologies to monitor and analyze his behavior without his explicit consent. He blamed these practices for his cumulative losses of £45,000 (approximately $61,000) over ten years. Initially, the High Court sided with RTM, ruling that he had not given lawful consent for his data to be used for these purposes.
In a distinctive interpretation, the High Court suggested that RTM’s status as a vulnerable problem gambler compromised his ability to give genuine consent. This reasoning sparked widespread concern within the industry, as it implied that consent might hinge on an individual’s personal vulnerabilities rather than the consent process itself.
Sky Betting and Gaming contested this view, maintaining that the claimant had indeed consented by accepting cookies and reading the privacy policies. The company argued their data practices complied with existing data protection regulations and that consent should be based on clear actions by the user, such as actively accepting terms.
Legal Clarification on Assessing Consent
The Court of Appeal ultimately ruled in favor of Sky Betting and Gaming. Lord Justice Mark Warby highlighted that the High Court applied the wrong legal standards in assessing consent. He emphasized that companies are not required to prove what a user was thinking at the moment of consent, which means evaluating a user’s subjective vulnerability is unnecessary.
“It is neither necessary nor relevant for this purpose to explore whether the individual data subject was vulnerable, with an impaired ability to make fully autonomous decisions.”
Lord Justice Mark Warby
This ruling reinforces a clearer, more objective framework for consent based on the mechanisms used rather than individual psychological states. The case will now proceed back to the High Court for further proceedings. Meanwhile, this decision reassures operators that widely accepted consent practices remain compliant with UK and European laws.
Continuing Concerns About Gambling Harm and Marketing
Despite this legal development, concerns about gambling-related harm, especially marketing targeting vulnerable groups, persist. Regulators have taken note, and the UK Gambling Commission is planning stricter regulations, requiring operators to secure explicit permission for marketing messages and enhancing customer controls over marketing contacts.
