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How the GDPR could impact the handling of sports disputes

Handshake over data
Friday, 11 May 2018 By Richard Liddell KC, Kendrah Potts, William Harman

All but a slim minority of sporting bodies will be affected by the General Data Protection Regulation1 (GDPR) on some level. Whether a governing body holding performance data, an anti-doping agency processing sensitive health records or a local club storing the addresses of junior members, sports organisations will have to comply with significantly altered obligations in respect of personal data.

And the stakes are high: the increased fines under the GDPR have been well-publicised; but perhaps less obviously, under the Code for Sports Governance sports organisations risk losing their public funding for non-compliance with applicable regulations (and Tier 3 funding requires governing bodies to demonstrate that they have appropriate policies and procedures for compliance).

This article highlights some of the principal enforcement risks facing sporting bodies under the new regime described by the ICO as a “game-changer”. It also considers how the GDPR might feed into existing facets of sports dispute resolution.

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Richard Liddell

Richard Liddell KC

Rick is a Barrister at 4 New Square.
 

Rick is on the Editorial Board of LawInSport and is recommended in the legal directories as a leading Silk in sports law.

He is described in the directories as a “superb advocate” and “a welcome addition to the front Bench – a brilliant sports law lawyer with exceptional professional regulatory skills as part of his all-round talent. A vast array of sports-related experience and expertise. Tactical nous. Excellent manner with clients.”

Rick acts for both athletes/players and governing bodies and has appeared in appeals in the Court of Arbitration for Sport.  He is frequently instructed in sports commercial disputes, disciplinary matters and sports arbitrations, including anti-doping cases and safeguarding matters.

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Kendrah Potts

Kendrah Potts

Kendrah is a Barrister at 4 New Square. 

Kendrah has a broad practice that covers commercial litigation, international arbitration and regulatory and disciplinary matters. She is also recognised in the directories for her disputes practice in the sports sector.

William Harman

William Harman

Barrister, 4 New Square

Will receives instructions in a range of commercial and regulatory matters involving the sports industry with a particular focus on anti-doping and anti-corruption charges. Will’s experience includes the complete defence of charges of refusing, evading and/or failing to provide a sample against a former Olympian (led by Pippa Manby). Will recently appeared before a Scottish Football Association Tribunal in respect of gambling charges and has acted on both the player and governing body side in tennis match-fixing cases.

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