Sky Betting & Gaming faces landmark privacy ruling  

The UK High Court of Justice made a significant ruling against Sky Betting & Gaming, emphasizing important privacy and data protection issues in the online gambling sector. The case, RTM v Bonne Terre Limited and Hestview Limited, took place in the King’s Bench Division Media and Communications List and centered on allegations of misuse of data and intrusive marketing practices by Sky Betting & Gaming (SBG). Bonne Terre Limited, a subsidiary of Flutter Entertainment, along with Hestview, which serves as the company’s data controller, were the subjects of the allegations. The claimant, referred to as „RTM,“ who is recovering from an online gambling addiction, contended that SBG’s data handling and marketing strategies exacerbated his gambling addiction, leading to serious financial and emotional distress. Between 2017 and 2018, RTM deposited more than £31,000 into his SBG account, which was significantly higher than his income and household expenditures. He alleged that SBG utilized profiling algorithms to create personalized marketing campaigns that took advantage of his addiction through targeted offers and incentives. The claimant also contended that SBG’s practices breached data protection and privacy laws. The defendants countered the claims, stating that their data processing and marketing practices adhered to legal requirements. They asserted that the claimant had given valid consent for data usage through cookie banners and user agreements. SBG emphasized its compliance with legal obligations and UK Gambling Commission (UKGC) regulations, despite the regulator having previously taken action against the operator. The case focused on important legal matters, such as the legality of data processing, the effectiveness of consent mechanisms, and the commitment to principles of transparency, fairness, and purpose limitation. The court reviewed these matters in light of the Data Protection Act 1998, GDPR, PECR 2003, the Gambling Act 2005, and the codes of practice established by the Gambling Commission. A key issue was whether SBG had obtained valid consent for the use of cookies and the processing of personal data for targeted marketing purposes. 

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