Flutter Entertainment Successfully Defends Data Protection Practices in Appeal

(AsiaGameHub) –   Sky Betting and Gaming (SBG), a subsidiary of Flutter Entertainment, has successfully secured a significant legal victory. The Court of Appeal of England and Wales determined that a gambling addiction does not nullify a user’s consent to receive marketing materials.

This ruling reverses a prior High Court judgment that had deemed SBG’s actions unlawful. The previous decision focused on the company’s use of cookies, tracking technologies, and targeted promotional messages sent to a problem gambler identified as RTM.

The judges clarified that under UK data protection regulations, consent is assessed objectively. It relies on an individual’s conduct rather than their psychological condition.

Lord Justice Warby criticized the earlier ruling for relying on a “legally mistaken approach.” He stated that when establishing consent, data controllers are not required to demonstrate the specific thoughts or intentions of the individual.

The legal action originated from RTM’s allegations that SBG’s data handling practices exacerbated his gambling issues and caused financial damage. Although the High Court initially supported his claims, the appeal court rejected this logic and dismissed all five grounds of the appeal.

This verdict may have broad consequences regarding how companies understand and apply user consent. The matter is now set to return to the High Court to address outstanding claims related to fair data processing.