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Court of Appeal Clarifies the Test for Valid Consent Under UK Data Protection Law

The Court of Appeal has clarified the test for consent under UK data protection law in RTM v Bonne Terre Ltd, confirming that the validity of consent is assessed objectively rather than by reference to a data subject's subjective state of mind or personal vulnerabilities.

The judgment provides important guidance on the meaning of "freely given, specific, informed and unambiguous" consent, confirming that the assessment turns on the parties' communications and relationship. It also provides greater certainty for data controllers while clarifying the limited role of vulnerability in the consent analysis.

Adam Richardson has analysed the decision and its practical implications for information law practitioners in a new article for LexisNexis UK here.

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    Adam Richardson

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