How the GDPR could impact the handling of sports disputes

Friday, 11 May 2018 By Richard Liddell QC, Kendrah Potts, William Harman

All but a slim minority of sporting bodies will be affected by the General Data Protection Regulation 1 (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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Tags: Big Data Analytics | Data Protection Act 1998 | EU | European General Data Protection Regulation (GDPR) | European Union

Written by

Richard Liddell QC

Barrister, 4 New Square

Rick is on the Editorial Board of Law in Sport and is recommended in the legal directories as a leading barrister in sports law and is described in the directories as a “superb advocate” and “a go-to practitioner for sports matters”. Rick is instructed in sports commercial disputes and sports disciplinary matters and his cases have spanned almost all sports. Rick is frequently instructed in football related matters and doping cases; and he has acted for athletes/players and governing bodies in doping cases and has appeared on behalf of the IAAF and World Rugby in a number of appeals to CAS. Rick also specialises in commercial litigation and regularly advises on insurance coverage issues.

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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

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.