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Privacy in sport: The new playing field for clubs, athletes and fans

5 February 2025 | 5 minute read

In the world of sport 4.0, data has become one of the most valuable assets. Every athletic performance, every digital interaction with fans, and every engagement platform generates insights that can be used to innovate and grow, but also dangerously overlooked. Athletes, sports clubs and fans are all involved in this match, each with different risks and responsibilities.

Let's see how each protagonist is touched by these challenges.

Biometric data: opportunity or risk for athletes and clubs?

Professional athletes are real "data producers". Wearable sensors and analytical software collect biometric and performance information to optimize workouts, prevent injuries, maximize performance and more.

It is essential for athletes to have a say in who can access this data and for what purposes.

For those directly involved, the analysis of their data can be a useful tool for the negotiation of the engagement, as demonstrated by Kevin De Bruyne in 2021. The Belgian midfielder, in fact, has successfully renewed his sports performance contract with Manchester City also thanks to the work of a team of data analysts who have studied his performance and enhanced his impact on the club.

For sports clubs, on the other hand, this data is a key asset to gain a competitive advantage or attract sponsors. But what happens if this information becomes a contractual discriminator? An athlete with data showing a greater predisposition to injuries could be denied a contract or sponsorship. It is essential for athletes to have a say in who can access this data and for what purposes. Clubs, on the other hand, find themselves having to balance the use of this data for legitimate purposes with compliance with privacy regulations and athletes' rights. Inadequate management could lead to legal disputes or reputational damage.

Fan data: A strategic asset for clubs

Sports companies use fan data to personalize the experience: ticketing, official apps, loyalty programs and merchandising create an ecosystem rich in information. This data is crucial for improving engagement and building more effective marketing strategies.

...these platforms are an inexhaustible source of behavioural data and an opportunity to monetize new market segments.  

Sports clubs are faced with a dilemma: how to maximize the commercial value of this data without violating user privacy? Regulatory compliance is crucial, but it is not always enough to ensure fan trust. Sports clubs must also invest in transparency and clear communication, especially when collaborating with sponsors or third-party platforms. On the other hand, many fans, often unknowingly, give up their data in exchange for benefits (early access to tickets, discounts or exclusive content). However, they expect this data to be handled with care and not shared without their consent.

Gaming and fantasy sports platforms: Benefits and risks for users and companies

Gaming and fantasy sports platforms have transformed the way fans interact with sports, delivering immersive and competitive experiences. For businesses, these platforms are an inexhaustible source of behavioural data and an opportunity to monetize new market segments. However, businesses face increasing pressure to protect user data from cyberattacks. A breach not only harms consumers, but it can also have devastating effects on your company's reputation and partner relationships.

Users often underestimate these risks related to the security of their personal and financial information, trusting the platforms. This balance of trust is fragile and can easily be compromised by security incidents.

Stadium surveillance: Security or privacy breach?

In modern stadiums, surveillance technology is indispensable to ensure the safety of fans. However, facial recognition and other advanced tools can be a significant intrusion into privacy. For leagues and clubs, the adoption of these technologies is a necessity to prevent incidents, combat incidents of racism and discrimination, and improve event management. In this sense, the Lega Serie A is working on the implementation of a facial recognition system that provides for the association of the ticket with the name, position and face of the holder, with the possibility of storing images of fans in an encrypted server, for the exclusive use of law enforcement.

...the line between security and invasive surveillance is thin.

However, the line between security and invasive surveillance is thin. Sports clubs must clearly communicate the purposes of the processing and adopt policies that limit the misuse of data. On the other hand, fans expect a safe experience, but may not be aware of the level of surveillance to which they are subjected, often explained in documents not known to most, such as the regulations for the use of sports facilities and/or the codes of regulation of the transfer of tickets for access to sporting events.

AI and big data: A tool for growth or discrimination?

Artificial intelligence and big data can be revolutionary tools for scouting, performance analysis and strategic management of athletes. However, these tools present risks for both athletes and clubs. Algorithms can introduce bias and discrimination, excluding athletes for reasons that are not entirely transparent. Sportspeople need safeguards that protect their rights and promote fairness in decision-making processes. Sports clubs must ensure that the use of AI and big data complies with regulations and ethical standards, avoiding discrimination that could result in legal disputes or damage their public image.

How can we support

In the world of sport, fans, athletes and clubs share responsibilities and benefits related to data. Sports clubs must go beyond simple regulatory compliance, adopting an ethical and transparent approach to information management. At the same time, athletes and fans need to be more aware of their rights and the implications of technology. Data protection is not just a legal issue: it is the new playing field where trust is built, and the future success of sport is defined.  How we can help navigate these risks to  develop a winning strategy:

  • Athletes‘ biometric data: We advise on the collection and use of sensitive information, ensuring respect for athletes’ rights and regulatory compliance.
  • Artificial intelligence and big data in sport: We offer ethical and legal advice on the use of advanced tools, preventing bias and discrimination and ensuring transparent processes.
  • Gaming and digital platforms: We assist organisations in developing secure and compliant platforms, protecting users and corporate reputation.
  • Stadium surveillance and security: We support companies in implementing advanced technologies, with a focus on respecting fundamental rights.

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This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

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