Sky Bet rapped for unlawfully processing consumer data via cookies without consent  

Sky Betting and Gaming has been reprimanded by The Information Commissioner’s Office (ICO) for unlawfully processing consumer data through advertising cookies without asking for consent.  

Between 10 January and 3 March 2023 SkyBet’s website was processing visitors’ information and sharing it with adtech companies as soon as they accessed the site – before they could accept or reject cookies.  

Not asking for consent to process this data means people’s information could be used to target them with personalised ads without consent or knowledge.  

The data protection watchdog investigated whether Sky Betting and Gaming was purposefully misusing personal information to target vulnerable gamblers – following a complaint from charity Clean Up Gambling – but no evidence of deliberate misuse was found.  

However, the ICO concluded the betting firm had processed personal data using certain cookies in a way that was unlawful and unfair.  

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Off the back of the investigation, Sky Betting and Gaming made changes in March 2023 to ensure people could reject advertising cookies before personal information was shared.  

This comes as part of a wider crackdown by the ICO to protect consumers from websites that don’t offer “fair and informed” choices over the use of personal information for targeted advertising.  

In 2023, the ICO reviewed the UK’s top 100 websites and found problems with 53 not complying with data protection laws. All but one of the websites has given a positive response to the ICO, with gossip website Tattle Life not responding.  

“We’ve all seen adverts online that seem designed specifically for us, such as an ad for trainers after signing up to a gym online. Some people may be happy to consent to receive these, but others may not be comfortable receiving similar adverts, especially when it comes to sensitive aspects of our digital activity,” says Stephen Bonner, deputy commissioner at the ICO.  “For example, if you are visiting a gambling website or looking up concerning health symptoms, you may want to prevent this personal information being shared with advertisers.”

Find the ‘winning combination’: How brands are adjusting following Google’s cookie U-turnHe’s pleased by the results of the ICO’s investigation, with 99 of the top 100 websites either offering a “meaningful choice” or making improvements. Some have now included a ‘reject all’ button, or made the reject button equally as prominent as the accept button.  

“These changes mean that people have more agency over how their personal information is used online. Others have started to introduce alternative methods to obtain consent, such as ‘consent or pay’ – a business model we are currently reviewing,” says Bonner. 

“Our enforcement action against Sky Betting and Gaming is a warning that there will be consequences if organisations breach the law, and people are denied the choice over targeted advertising. We are preparing to scrutinise the next 100 most frequented websites, so I urge all organisations to assess their cookie banners now to make sure consent can be freely given before a letter arrives from the regulator,” he adds.