ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
methodologies for each athlete. Recently, foot - ball teams have been entitled to gather and con - sult live statistics during matches, so coaches now have more tools to make tactical decisions. On a commercial level, athletes’ biometric data is usually collected to facilitate scouting activi - ties and to make video games and other digital content. Spectators’ Data Spectators’ data is generally used for commer - cial and statistical purposes, since registering consumers’ data and their preferences allows business operators to identify their preferences and offer products based on the latest trends (always subject to consent by the data owner). Additionally, spectators’ data is used for security reasons to help law enforcement authorities and event organisers to identify perpetrators of any offences. 5.6 Data Protection Italian data protection legislation consists of the “Privacy Code” and – most importantly – of the EU Regulation 2017/679 (GDPR), which intro - duced a new approach that facilitates the traffic of data and holds data controllers and proces - sors liable for any data breach and/or improper use. Under the GDPR, it is possible to process per - sonal data without consent in specific circum - stances (eg, to perform a contract to which the data subject is party, complying with a legal obli - gation to which the controller is subject). How - ever, special protection is still established for so-called sensitive data (eg, revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biomet - ric and other health data, etc); use of this data is allowed only with the specific consent of the
data subject or upon the occurrence of specific circumstances. The GDPR has also strengthened the rights of data subjects in terms of: • transparent data treatment; • right of access; • data rectification, erasure and portability; • restriction of processing; • objection; and • communication of personal data breaches. Personal data of athletes and spectators must be treated in accordance with the GDPR as well. Therefore, it is necessary to provide an adequate privacy policy to data subjects and obtain spe - cific consent for sensitive data treatment. Decree Law No 220/2003 regulates the inde - pendence of sports law from the ordinary law, “except for relevant cases for the State legal sys- tem related to subjective legal situations con- nected with the sports system” and establishes exclusive jurisdiction of sports bodies (see 1.4 Disciplinary Proceedings ) for technical matters (eg, observance and application of sports regu - lations) and disciplinary matters. For technical and disciplinary matters, sport - speople must compulsorily apply to the compe - tent sports justice bodies, whose decisions can - not be challenged before ordinary/administrative courts unless said matters require the solution of “relevant cases for the State legal system” (eg, criminal offences). 6. Dispute Resolution 6.1 National Court System
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