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ARTICLE · 16 SEPTEMBER 2026

UK Data Protection Consent: State Of Mind Is Irrelevant—does This Change Practice?

A&O Shearman
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The UK Court of Appeal has clarified the test for valid consent under GDPR, ruling that an objective approach should be taken rather than examining an individual's subjective state of mind. This decision has significant implications for how data controllers assess consent from vulnerable individuals, particularly in sectors like online gambling where addiction concerns arise.

United KingdomPrivacy
Emma Keeling
Emma Keeling
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On August 4, 2026, the Information Commissioner's Office (ICO) updated its guidance on consent to the processing of personal data. This update was made to account for the Court of Appeal’s RTM v. Bonne Terre and Anor [2026] EWCA Civ 488 decision regarding valid consent. The case considered consent in the context of vulnerable individuals, and we look at it in more detail below.

Specifically, the ICO guidance notes that data protection law does not require a controller to determine the state of mind of an individual giving consent and that consent may still be valid, even if the controller knew of a particular vulnerability of the individual. The key is whether the individual is legally capable of giving an objective indication of consent.

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