AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex
of data analysts to determine where they can improve and even how they can win. Athletes and teams are also increasingly using equip - ment-generated data, such as trackers/wearables, and sensor-enabled gear to monitor performance, potential injury and refine training programs. Fan Engagement Data and analytics are also used to improve the fan experience and to increase fan engagement with a particular sport or team. Clubs and event organisers use data to create a bet - ter experience for fans within an event location (eg, a stadium) by collecting data in relation to ticket sales, spectator movement around the stadium and the pur - chases made at the stadium, such as merchandise and food and beverages. Not only does this help clubs and sporting event organisers increase sales of prod - ucts and merchandise, but it also assists in delivering a better, more personalised spectator experience. Partnerships Historically, sports rights-holders had limited access to data. Now, the value of data for commercial pur - poses is rapidly increasing as AI and other technolo - gies advance. Sports data can be leveraged not just to encourage partners to get on board, but also to inform broadcast - ing strategies and enhance the value of their offerings. 5.8 Data Protection The GDPR does not apply to data protection within Australia. In Australia, the primary legislation regulating the collection and use of personal information is the Privacy Act 1988 (Cth) (“Privacy Act”), which applies to certain organisations and government agencies. Sports data that is ‘personal information’ (as defined under the Privacy Act) will be subject to the require - ments of the Privacy Act, which restricts the way in which that data can be collected, used and disclosed, transferred to and used by other entities. Following a review of the Privacy Act in 2023 by the Australian government, a number of significant
amendments have been enacted, including a dra - matic increase in penalties for serious or repeated privacy breaches, with the maximum civil penalty now the greater of AUD50 million, three times the benefit obtained from the misuse of information, or 30% of the organisation’s adjusted turnover. Non-corporate organisations also face fines of up to AUD2.5 million for a breach. A statutory tort for serious invasion of privacy was also introduced, and the powers of the Office of the Australian Information Commissioner (Australia’s pri - vacy regulator) were expanded to provide stronger enforcement powers. In addition, data may also be regulated by: • state or territory-based health records legislation, particularly where athlete medical or biometric information is involved; • workplace surveillance laws applicable to monitor - ing athletes by clubs or teams; or • surveillance device laws relating to wearables, trackers, and analytics. While the GDPR does not apply directly in Australia, Australian sporting organisations that sell merchan - dise or provide services to individuals in the EU may need to adopt GDPR-style policies to ensure compli - ance with EU data protection requirements. Sporting associations in Australia ordinarily set their own dispute resolution procedures, which are pro - vided for in their governing documents and in their agreements with partners. These procedures are often set out in a dispute resolution clause or policies, which typically provide that the association’s internal tribu - nals (or another form of alternative dispute resolution) must be utilised before parties may take a dispute to court. There is an expectation that parties will follow and exhaust internal dispute resolution processes, as those procedures form part of the contractual frame - work that the courts would enforce. 6. Dispute Resolution 6.1 Role of National Court Systems
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