(AsiaGameHub) –   Flutter Entertainment has secured a significant legal win in the UK following a decision by the Court of Appeal to reverse a High Court judgment that was unfavorable to its subsidiary, Sky Betting and Gaming. The dispute, referred to as RTM v Bonne Terre Ltd, centers on a gambler with an addiction who alleges the operator utilized his personal information to send him targeted marketing, thereby exacerbating his condition.

Targeted Marketing Allegedly Led to Massive Losses

The claimant, known as RTM, asserted that the firm employed cookies and tracking techniques to profile his behavior without obtaining his permission. He contended that these actions resulted in losses totaling GBP 45,000 ($61,000) over a ten-year period. The High Court’s initial decision supported RTM, finding that he had not given what it termed “legally operative consent” for his data to be utilized in this manner.

This judgment employed an uncommon rationale, implying that RTM’s condition as a problem gambler impacted his capacity to provide valid consent for data harvesting and targeted ads. This interpretation sparked worries within the sector, as it indicated that consent might be influenced by a person’s individual vulnerabilities instead of the procedure for acquiring it.

Sky Betting and Gaming contested this logic, maintaining that the claimant had agreed to cookie usage and had reviewed the privacy policies. The operator stated that its methods complied with recognized data protection guidelines. The company’s position was that consent must be evaluated on definitive user actions, like clicking to accept terms and conditions.

Determining Consent Remains a Tricky Issue

The Court of Appeal finally ruled in the operator’s favor. In the judgment by Lord Justice Mark Warby, it was concluded that the High Court had applied erroneous legal criteria to evaluate consent. The ruling dismissed the notion that businesses need to demonstrate what was occurring in a user’s mind at the moment they agreed to data processing. The emphasis, it stated, should be on whether the mechanism itself complied with the law.

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 stating that consent is not contingent on a subjective evaluation of vulnerability, the decision establishes a more consistent framework for companies. The matter is now sent back to the High Court for additional proceedings. Currently, operators can be confident that standard consent frameworks continue to be acceptable under UK and European legislation.

Notwithstanding this latest ruling, harm associated with gambling continues to be a serious concern, particularly regarding marketing directed at at-risk people. Regulators are aware of the case, and the UK Gambling Commission plans to implement stricter regulations that will mandate operators to secure explicit permissions for marketing messages, as well as provide customers with enhanced control over contact methods and timing.