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Sky Betting & Gaming Wins Court of Appeal Ruling (April 2026)
Flutter Entertainment’s Sky Betting & Gaming (SBG) had its appeal allowed on all five grounds by the UK Court of Appeal on 21 April 2026.
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Sky Betting & Gaming Wins Court of Appeal Ruling on Data Consent
The court said that consent under UK data protection laws should be looked at objectively and not subjectively. As a result, the case has now been remitted back to the High Court for reconsideration. [1]
The Case’s Background
The case is centred around a self-identified and former problem gambler. They are referred to as RTM. RTM has alleged that SBG used cookies and their personal data to send them targeted email marketing without their consent. They said that they received SBG promotions while suffering from a gambling addiction, making their addiction worse. [2]
In January 2025, Mrs Justice Collins Rice in the High Court said RTM had not given “legally operative consent”. She decided that their addiction had weakened their ability to properly use the consent mechanisms provided by SBG. Rice ultimately ruled in RTM’s favour, directing a remedies hearing. [3]
Why SBG Won the Appeal Ruling
Lord Justice Warby said that the High Court had a “legally mistaken approach” to the question of consent. He ruled that the data controller (SBG) shouldn’t need to understand what’s on the mind of the gambler when they consent to data processing and marketing rules.
Rather than this, consent should be determined based on what the user did. For example, whether they ticked an opt-in box or clicked an “unsubscribe” button. The Court of Appeal allowed SBG’s appeal on all five grounds. [4]
What’s Going to Happen Next?
The case hasn’t been concluded yet. RTM still has live claims. These relate to whether or not SBG’s data processing was unfair. This matter has been remitted to the High Court to be assessed again. [5]
For UK gambling operators, the ruling provides some clear guidance on the legal test for consent, particularly focusing on cookie use and direct marketing. It doesn’t, though, change an operator's obligations under safer gambling rules or wider data protection measures.
Scrutiny over such practices will continue, however. The judgment noted that controllers’ awareness of vulnerability could be relevant to wider fairness questions.
Sam is a British content writer who’s now living in the Netherlands. He has 5+ years of experience producing SEO content for casino and sports bettors in Tier-1 markets. Working on campaigns for brands like Buzz Bingo, Paddy Power, Betfred, and Sun Bingo, he’s written 1M+ words of content spanning casino reviews, sportsbook reviews, slot guides, betting strategies, and industry news.
References
- 1.[1] - Official Court of Appeal judgment and media summary.
- 2.[2] - Chambers’ summary of the original High Court and data protection allegations.
- 3.[3] - Legal analysis of the January 2025 High Court ruling to assess the original judgment.
- 4.[4] - Statement from the law firm representing SBG.
- 5.[1] - Official Court of Appeal judgment and media summary.