RTM v Bonne Terre Limited & Anor

RTM v Bonne Terre Limited & Anor

The test for valid consent under GDPR and related legislation is objective: the data controller must show that the data subject gave a clear, affirmative indication of wishes that is freely given, specific, informed, and unambiguous, assessed in the context of the relationship and communications between the parties. The subjective state of mind or vulnerabilities of the individual data subject are not relevant unless known to the data controller. The High Court judge erred in law by adopting a subjective test and in procedure by deciding the case on a basis not argued by the parties. The appeal is allowed and the decision set aside.

Parties
Claimant/respondent: RTM; Defendant/appellant: Bonne Terre Limited; Defendant/appellant: Hestview Limited; Intervener: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
21 April 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court judgment set aside; issues to be remitted to High Court for further determination.
Legal Topics
Consent Under GDPR, Cookies and Direct Marketing, Procedural Fairness, Objective Vs Subjective Consent, Profiling and Data Processing, Vulnerability and Autonomy, Remittal of Issues
Data Protection Privacy Electronic Communications Gambling Law Consent Under GDPR Cookies and Direct Marketing Procedural Fairness Objective Vs Subjective Consent +3 more

Case Brief

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Parties

RTM

Claimant/respondent

Bonne Terre Limited

Defendant/appellant

Hestview Limited

Defendant/appellant

The Information Commissioner

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 What must be proved to establish legally valid consent for cookies, personal data processing, and direct marketing under data protection law?
  2. 2 Does the concept of consent under GDPR and related legislation have a subjective aspect?
  3. 3 Was the High Court's approach to consent legally correct?

Ratio Decidendi

The test for valid consent under GDPR and related legislation is objective: the data controller must show that the data subject gave a clear, affirmative indication of wishes that is freely given, specific, informed, and unambiguous, assessed in the context of the relationship and communications between the parties. The subjective state of mind or vulnerabilities of the individual data subject are not relevant unless known to the data controller. The High Court judge erred in law by adopting a subjective test and in procedure by deciding the case on a basis not argued by the parties. The appeal is allowed and the decision set aside.

Court Disposition

Appeal allowed; High Court judgment set aside; issues to be remitted to High Court for further determination.

Orders

  • High Court judgment and order on liability in favour of RTM set aside.
  • Case remitted to High Court for further submissions and determination of outstanding issues.