RTM v Bonne Terre: Court of Appeal redraws the line on consent

The Court of Appeal has ruled that consent under the UK GDPR and PECR is objective. A data subject's hidden vulnerabilities are not, in themselves, decisive, and even a controller's constructive knowledge of those vulnerabilities is not a stand-alone qualifier.In this episode, Robert Bateman breaks down the judgment in RTM v Bonne Terre [2026] EWCA Civ 488, handed down on 21 April 2026.In this episode:The background to RTM's claim against Sky Betting and GamingMrs Justice Collins Rice's three-strand test in the High Court, and why it was a problem that neither party had argued for itThe Court of Appeal's reasoning on why consent is objectiveThe fallback argument from the operator and the ICO, and why it failedFindings on cookies, profiling and what was actually used for direct marketingThree takeaways for data protection professionalsCited:RTM v Bonne Terre [2026] EWCA Civ 488Article 4(11) UK GDPRPlanet 49 (Case C-673/17)Orange Romania (Case C-61/19)Meta Platforms (Case C-252/21)Cooper v National Crime Agency [2019] EWCA Civ 16Leave.EU v Information Commissioner [2021] UKUT 26 (AAC)Get in touch with Privacy Partnership for support with UK GDPR, PECR, and AI Act compliance.