The Court of Appeal has handed down an important judgment (RTM v Bonne Terre Ltd & Another [2026] EWCA Civ 488) on the meaning of ‘consent’ in the context of data protection and ePrivacy law, and overturned what had been a problematic prior judgment of the High Court, which had left many businesses, especially those in the betting and gaming sector, facing an ‘ineradicable’ risk of claims that potentially they could not reasonably have defended. The Court of Appeal’s judgment will no doubt be seen by those businesses as a welcome reversal, providing greater legal certainty. So what does ‘consent’ mean, in the data protection statutory scheme? … (more)
[Jon Baines, Information Rights and Wrongs, 22 April 2026]
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