Flutter’s Sky Betting and Gaming Wins Key Appeal in UK Court

Flutter Entertainment has achieved a major legal victory in the UK  after the Court of Appeal overturned a High Court ruling against its subsidiary, Sky Betting and Gaming. The case known as RTM v Bonne Terre Ltd involves a problem gambler who claims that the operator used his personal data to target him with marketing messages, worsening his gambling addiction.

Targeted Marketing Allegedly Led to Massive Losses

The claimant, identified as RTM, claimed that the company used cookies and tracking methods to profile his behavior without his consent. The plaintiff alleged that these activities caused him to lose GBP 45,000 ($61,000) over the last decade. The High Court initially ruled in favor of RTM, concluding that he had not provided what it described as “legally operative consent” for his data to be used in this way.

The verdict took an unusual approach, suggesting that RTM’s status as a problem gambler affected his ability to give genuine consent for data collection and targeted advertising. Such an interpretation raised concerns across the industry, as it suggested that consent could depend on an individual’s personal vulnerabilities rather than the process used to obtain it.

Sky Betting and Gaming challenged this reasoning, arguing that the claimant had consented to the use of cookies and had read the privacy notices. The company argued that its practices aligned with established data protection guidelines. Sky Betting and Gaming argued that consent should be assessed based on clear user actions, such as clicking to accept terms.

Determining Consent Remains a Tricky Issue

The Court of Appeal ultimately sided with the company. Lord Justice Mark Warby’s ruling determined that High Court judges had used incorrect legal standards to determine consent. He rejected the idea that companies must prove what was happening in a user’s mind when they agreed to data processing. Instead, the focus should remain on whether the mechanism itself met legal standards.

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

By clarifying that consent does not depend on a subjective assessment of vulnerability, the ruling reinforces a more predictable framework for businesses. The case will now return to the High Court for further consideration. For now, operators can rest assured that the industry-standard consent models remain valid under UK and European law.

Despite this newest verdict, gambling-related harm remains a pressing issue, especially when it comes to marketing aimed at vulnerable individuals. Regulators have taken note of the case, as the UK Gambling Commission is set to introduce tighter rules requiring operators to obtain explicit permissions for marketing communications, along with greater control over how and when customers are contacted.