Qualified UK Anti-Doping (UKAD) Accredited Advisor Catherine Forshaw and William Hardwick explain the controversies surrounding Sinner’s tests, clearances and appeals.
Read moreEnabling digital transformation in sport — the legal pitfalls around data, security and regulation
AuthorsMorgan Lewis
9 min read
The sports industry is experiencing a rapid transformation fuelled by digital technologies and data analytics. The likes of artificial intelligence (AI), the Internet of Things (IoT), cloud computing and advanced data analytics are revolutionising how sports are played, watched and managed.
From personalised fan experiences to enhanced athlete performance and more efficient management, data is becoming the core driver of modern sports — whether you’re a spectator, athlete, coach, club, league or national governing body.
This digital shift brings significant legal challenges related to data privacy, security, intellectual property and regulatory compliance. Addressing these challenges is critical to ensure that data is used responsibly, ethically and legally.
Here, Senior Associate Morgan Lewis and Consultant Simon Cothliff from our sports technology advisory team scan the horizon of technological development and outline the key legal considerations that sports regulators, governors and organisations must address at the outset of digital transformation.
Jump to:
Technological developments driving digital transformation in sport
Technological developments driving digital transformation in sport
Data-driven personalisation
Sports organisations are increasingly using data to deliver personalised and engaging experiences for fans — both in-stadium and online.
From mobile apps that provide real-time statistics and customised content to smart stadiums that use augmented reality (AR) and IoT sensors, the focus is on delivering tailored experiences to individual fans.
Enhancing fan engagement
Sports leagues, teams and stadiums are deploying advanced technologies to gather and analyse data on fan behaviour, preferences and interactions.
For instance, the Premier League and England Cricket Board have developed sophisticated apps that offer fans personalised content based on their favourite teams, players and historical behaviour.
IoT devices in smart stadiums track fan movements, purchase behaviour and engagement levels to facilitate real-time service adjustments such as personalised merchandise promotions and food delivery services.
Creating immersive in-stadium experiences
Modern stadiums are evolving into digital ecosystems filled with interconnected devices and services designed to enhance fan experiences.
With the use of Wi-Fi networks, AR applications and interactive displays, stadiums collect large amounts of data on fan preferences and interactions which is then analysed to improve services. However, these innovations introduce significant data privacy and security concerns, especially when combined with facial recognition technologies and real-time analytics.
Optimising athlete performance and team strategies
Athlete performance and team strategies have been revolutionised through wearable technology, AI and machine learning, which provide coaches and sports scientists with unprecedented insights into biometrics, real-time physiological data, game performance and strategy optimisation.
Wearable technology and real-time analytics
Wearable devices like GPS trackers, smart vests and heart rate monitors provide detailed biometric data to help coaches and trainers optimise training programs, manage player load and prevent injuries.
In many major leagues, wearable tech is used to monitor players’ fitness, while teams use AI-driven analytics to refine game strategies and improve player performance.
AI and predictive analytics in game strategies
AI and machine learning models analyse massive datasets to provide insights into opponent strategies, player performance trends and potential in-game scenarios.
These models help teams to make real-time tactical adjustments or predict injury risks, offering a competitive advantage.
Digital transformation in sports operations and management
Digital transformation in sports isn’t limited to fan engagement and athlete performance — it also encompasses internal operations, marketing, media rights and revenue generation strategies.
Cloud-based infrastructure and operational efficiency
Many sports organisations are shifting to cloud-based solutions to increase efficiency and scalability by enabling real-time data sharing and agile decision-making.
For example, the International Olympic Committee (IOC) has adopted a cloud-only ecosystem to streamline operations, cut costs and improve collaboration among global stakeholders.
New revenue streams through digital channels
Digital platforms — such as streaming services and social media platforms — offer sports organisations new opportunities to monetise content. The Premier League’s partnership with Amazon Prime for exclusive digital broadcasts and European football clubs' investments in their own OTT (over-the-top) platforms are examples of new subscription-based revenue models.
NFTs and digital collectibles
Non-fungible tokens (NFTs) and digital collectibles have become common revenue streams for sports organisations and individual athletes. The UFC and NBA have both looked to capitalise on this trend by creating digital ‘moments’ that fans can buy, sell and trade. However, this raises legal questions around intellectual property rights, ownership and consumer protection.
Legal strategies to enable digital transformation in sport
While these technological advancements present exciting opportunities, they also raise a range of legal challenges that sports organisation must navigate.
Data privacy and protection concerns
The widespread use of data to personalise the spectator experience at major sporting events raises complex data privacy and protection issues.
Collecting and analysing personal data — such as user preferences, location and real-time feedback — creates risks under data privacy laws like the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States and other regulations worldwide.
Consent and transparency
Sports organisations must obtain explicit consent from users before collecting personal data. Transparency is essential, as users must be fully informed about how their data is being collected, stored, used and shared. It’s also crucial to ensure that data isn’t used beyond its original purpose.
Data minimisation and retention
Legal frameworks like the GDPR demand that organisations only collect the data that’s necessary for specific purposes and retain it only for as long as necessary. Sports organisations must balance the need for personalised fan engagement with legal requirements to minimise data collection and protect it.
Cross-border data transfers
International sporting events often involve cross-border data transfers, complicating compliance. Legal mechanisms may be required to ensure that data transferred to countries outside the EU or other jurisdictions meets appropriate protection standards.
Cybersecurity and data breaches
The increased use of mobile apps, cloud platforms and AI-driven tools heightens the risk of data breaches.
Cyber-attacks can lead to unauthorised access to sensitive personal and performance data, resulting in financial losses, reputational damage and legal penalties.
Data security measures
Legal standards require sports organisations to implement adequate security measures that protect data from unauthorised access, breaches or misuse. This includes regular security assessments, encryption and secure data storage solutions.
The shift to cloud-based infrastructure similarly requires robust security protocols and effective third-party vendor management.
Incident response and reporting obligations
In the event of a data breach, organisations must follow the legal obligations to notify affected individuals and relevant authorities within specified timeframes. Any failure to comply could result in hefty fines and further legal liabilities.
AI and machine learning compliance
The integration of AI and machine learning in sports to analyse data, optimise marketing and provide personalised experiences presents unique legal challenges. There’s a growing need for regulations to govern how AI models process personal data to ensure fairness, accountability and non-discrimination.
Algorithmic transparency and bias
AI models must be transparent and explainable, especially with regard to how they use personal data to make decisions. There’s a risk of inherent biases in AI systems that could lead to discriminatory practices. For example, if an AI-driven marketing tool disproportionately targets specific demographics based on biased datasets, it could lead to legal claims of discrimination.
Data quality and accuracy
Poor-quality or inaccurate data can result in flawed AI decisions that may cause harm to consumers and lead to legal repercussions for misleading or harmful practices.
Intellectual property and data ownership
The use of data in sports raises questions about ownership and usage rights. Data collected from athletes during training or from spectators via apps involves complex intellectual property (IP) considerations.
Ownership rights
Determining who owns the data collected during sporting events — whether it's the event organiser, sports teams, athletes or technology providers — can be legally complex. Clear contractual agreements are essential to outline data ownership and usage rights to prevent disputes.
Use of athlete performance data
Commercialising athlete data for marketing or fan engagement must comply with contractual agreements and athletes' rights. Using such data without proper authorisation can lead to litigation.
Anti–competition issues in M&A
The surge in mergers and acquisitions (M&A) within the sports tech sector — such as the acquisition of data-driven sports marketing agencies or performance-enhancing technology companies — introduces potential competition law concerns.
Market consolidation
As sports tech companies merge and consolidate, there’s a risk of reduced competition which can lead to scrutiny. Regulators may examine whether these mergers create a monopoly (or monopolistic practices) that limit innovation or create barriers for new entrants in the sports tech space.
Data monopolies
Companies that acquire large amounts of user data through mergers may gain a competitive advantage, which could raise legal questions about data monopolies and the fair use of data in the market.
Employment law and digital transformation
Digital transformation in sports organisations — such as the integration of AI and cloud technologies to optimise internal processes — can also affect employment law.
Employee monitoring and privacy
The use of AI tools and data analytics to monitor employee performance raises privacy concerns. Employers must balance their interest in enhancing operational efficiency with employees' privacy rights to ensure that any monitoring complies with employment laws and privacy regulations.
Change management and training obligations
The transition to a digitally-mature organisation requires significant change management efforts. Employers must ensure that employees are adequately trained on new digital tools and understand their impact on job roles and responsibilities.
Proactive approach to legal compliance
As the sports industry continues to embrace digital transformation and data-driven strategies, it must navigate a complex landscape of legal issues.
All organisations must ensure that the benefits of digital innovation are realised in a way that respects legal frameworks, protects user rights and promotes fair competition.
A proactive approach to legal compliance and ethical standards must be adopted to balance innovation with responsibility.
Talk to us
If you need advice on how to implement technology in an ethical and legally-compliant way, our sports technology advisory team is on-hand to support.
We enable elite sport and technology organisations — and their leaders — to quickly and safely deliver bold change. Our unique position at the intersection of sport, technology and law enables us to drive agility, competitive advantage and commercial success to unlock the full power of innovation in the governance, regulation and commercialisation of sport.
Talk to us by giving us a call, sending us an email or completing our contact form below.
Talk to us
Loading form...
