UK Law and Practice Contributed by: Jamie Singer and Flora Peel, Onside Law
GDPR Impact The introduction of the GDPR has had a wide- ranging impact on the ability of organisations to use and exploit personal data, which in the sporting context impacts both fan and player/ athlete data. Alongside the tightening of the regulatory land - scape, there has been a huge increase in the use of new technologies and digital innovation, whether that is in the use of wearable technolo - gy, augmented reality (AR) and virtual reality (VR) or matchday apps, to name but a few. This has necessitated bringing a sharp focus on the data protection impacts of the use of the same, from the design stage through to commercialisation. Sensitive Personal Data In the context of more sensitive types of per - sonal data (termed “special category personal data” ) such as player health and biometric data, the ability for rights-holders to collect and use this data has become more challenging, in large part due to the stricter requirements for obtain - ing valid consent from the individual. By way of example, it might be difficult for a rugby club to prove that player consent is freely given (and that consent can be refused without detriment) where, for example, all players are being asked to use wearable technology dur - ing practice sessions, particularly because there is an inherent imbalance of power between an employer (club) and employee (player). Exemptions The DPA offers certain useful sports-specific exemptions to the requirement to obtain consent for the processing of special category personal data. These have been welcomed by governing bodies, anti-doping bodies and integrity units alike.
In reliance on Article 9(2)(g) of the GDPR and UK GDPR, where the processing of special category data is for reasons of substantial public interest, the UK introduced an anti-doping exemption and a sports integrity exemption, which have greatly facilitated the sharing of special catego - ry personal data for these legitimate purposes within sport.
6. Dispute Resolution 6.1 National Court System Types of Dispute Resolution
In England and Wales, disputes are resolved through litigation before the national court sys - tem unless the parties agree to alternative dis - pute resolution (ADR). Parties need to consider their relationship to one another and any agreement and/or rules that govern that relationship, which may require a certain type of dispute resolution over another. However, where ADR or another internal dispute mechanism has not been agreed to by the par - ties or provided for in the relevant rules, then the national court system will be competent and parties will not be required to, for example, first exhaust governing bodies’ respective internal dispute resolution mechanisms. For instance, Liverpool FC’s sponsorship dis - pute with marketing agency Winlink Marketing was resolved before the High Court, while it was an FA Regulatory Commission that ruled in the FA’s betting charge against England and Brent - ford player Ivan Toney (see 1.3 Betting ). ADR and the National Court System Even where parties agree to ADR, the national court system may still have a role to play. Follow -
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