Flutter Entertainment, owned by Sky Betting and Gaming (SBG) has won a major legal appeal after the Court of Appeal of England and Wales ruled that a gambler’s addiction cannot be used to invalidate consent to marketing.
The court overturned an earlier High Court decision, which had found SBG acted unlawfully by using cookies, tracking data, and sending targeted promotions to a problem gambler known as RTM.
Judges ruled that consent under UK data protection law is objective, based on a person’s actions—not their mental state.
Lord Justice Warby said the previous ruling was based on a “legally mistaken approach,” adding that “to prove consent, the data controller does not have to prove what was actually in the mind of the individual.”
The case began when RTM claimed SBG’s data practices led to further gambling and financial harm. While the High Court sided with him, the appeal court rejected that reasoning and dismissed all five grounds.
The decision could have wide implications for how businesses interpret user consent. The case will now return to the High Court to consider remaining claims on fair data handling.
