The Court of Appeal has handed down judgment in RTM v Bonne Terre and Hestview Limited [2026] EWCA Civ 488.
The appeal considered a fundamental question underlying the data protection regime: how should the Court assess whether a data subject has validly given their consent to processing of their personal data?
Allowing Bonne Terre’s appeal against the High Court’s judgment ([2025] EWHC 111 (KB)), the Court affirmed the data protection regime requires an objective analysis of the validity of consent in the relevant context. The context includes, in particular, the nature of the communications between the data subject and the controller, and the structural relationship between them.
The decision provides important guidance on consent in the data protection framework, to data controllers and data subjects alike.
Anya Proops KC and Robin Hopkins KC appeared for the Appellant, instructed by Wiggin LLP.
Christopher Knight KC appeared for the Respondent, leading Jennifer MacLeod and Aarushi Sahore of Brick Court, instructed by AWO.
Heather Emmerson and Jack Steele appeared for the Information Commissioner (as intervener).
