Establishing consent in digital marketing often turns on small acts: ticking a box, accepting a cookie banner or opting in to digital marketing.

Published: 17 June 2026
Authors: Kate Brimsted

In RTM v Bonne Terre Ltd, these familiar mechanisms came under scrutiny where an individual alleged that a betting company unlawfully profiled him and sent targeted direct marketing that fed his compulsive behaviour, increasing his gambling losses ([2026] EWCA Civ 488). He argued that his apparent consent was not validly or freely given due to his gambling addiction and associated vulnerability.

The Court of Appeal examined what must be proved to establish consent for cookies, personal data processing and direct marketing communications, and, in particular, whether the consent underpinning all three has a subjective aspect.

Download Kate Brimsted’s article below which examines the implications of the decision and what the ruling means.

This article first appeared in the June 2026 issue of PLC Magazine.