The UKs data protection regulator [3], the Information Commissioners Office (ICO) [1] [2] [3] [6], reprimanded Bonne Terre Limited [2] [3] [7], trading as Sky Betting and Gaming [2] [3] [7], for unlawfully processing consumers data through advertising cookies without obtaining user consent [1] [2] [5] [7].
Description
The violation occurred between January 10 and March 3, 2023 [1] [6], when users accessing the Sky Bet website had their personal data shared with advertising technology companies before being given the option to accept or reject cookies [6]. An investigation was launched following a complaint from Clean Up Gambling [6], a campaign group concerned with gambling harm [6]. The ICO found that Sky Betting and Gamings use of cookies violated data protection laws by being neither lawful [6], transparent [1] [2] [3] [4] [5] [6] [7], nor fair [1] [2] [3] [4] [5] [6] [7]. Changes were made by the company in March 2023 to allow users to reject advertising cookies before any data was shared [7], following the ICOS notification. Stephen Bonner [2] [7] [8], Deputy Commissioner at the ICO [2] [7], emphasized the importance of user consent in online advertising and the need for clear and balanced choices for users [7]. The ICOS enforcement action against Sky Betting and Gaming is part of its effort to ensure websites offer users a fair and informed choice regarding the use of their personal data for targeted advertising. This action serves as a warning to other organizations that there will be consequences for breaching data protection laws [7]. The ICO will continue to scrutinize frequently visited websites to ensure compliance and urges businesses to review their cookie consent processes [7]. As part of its strategy to uphold online privacy rights [7], the ICO has audited data management platforms and plans to publish updated guidance on the use of cookies and tracking technologies later this year [7]. Additionally, the ICO is cracking down on websites that do not offer a fair and informed choice regarding the use of personal information for targeted advertising [2] [4], with enforcement actions taken against non-compliant websites [2]. Only one website [2], Tattle Life [2], has not engaged with the ICO and will be investigated for its use of cookies and failure to register with the regulator [2]. Sky Betting and Gaming took swift action to comply with regulations in March 2023, resulting in only a reprimand from the ICO [8]. This incident followed a previous fine in 2022 for marketing breaches [8], where the operator was fined £1.17 million by the UK Gambling Commission [8]. ICOS ongoing efforts to ensure compliance with advertising cookie regulations have led to changes in 99 out of the top 100 websites [8], with 53 initially found to have issues [8]. Stephen Bonner [2] [7] [8], ICOS deputy commissioner [2] [8], emphasized the importance of giving people a choice over advertising cookies [8], especially in sensitive areas like health symptoms or gambling [8].
Conclusion
The enforcement action against Sky Betting and Gaming highlights the importance of user consent in online advertising and the consequences of breaching data protection laws. Businesses are urged to review their cookie consent processes to ensure compliance with regulations. ICOS ongoing efforts to uphold online privacy rights will continue, with updated guidance on the use of cookies and tracking technologies forthcoming [7]. Non-compliant websites face enforcement actions, emphasizing the need for organizations to prioritize user consent and data protection in their online practices.
References
[1] https://pressgazette.co.uk/news/sky-bet-reprimanded-by-ico-over-unlawful-cookie-usage/
[2] https://www.thebusinessdesk.com/yorkshire/news/2129027-sky-betting-gaming-rapped-for-unlawfully-sharing-peoples-personal-data
[3] https://www.infosecurity-magazine.com/news/ico-sky-betting-gaming/
[4] https://igamingbusiness.com/marketing-affiliates/marketing-regulation/ico-skybet-illegally-processing-data/
[5] https://www.racingpost.com/news/britain/sky-bet-reprimanded-by-data-watchdog-for-using-advertising-cookies-without-peoples-consent-adYVg1u97YbX/
[6] https://www.gamblinginsider.com/news/26810/ico-reprimands-sky-betting-and-gaming-for-unlawful-data-processing-via-cookies
[7] https://bmmagazine.co.uk/legal/ico-reprimands-sky-betting-and-gaming-for-using-cookies-without-consent/
[8] https://www.gamblingnews.com/news/sky-betting-and-gaming-reprimanded-by-ico-over-user-data-sharing/