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Who owns the rights to your sports performance data?

Are you a professional sportsman or sportswoman in England & Wales?  If so, your data could be being used illegally. And you could be losing money as a result.

From footballers to rugby players, tennis players, cricketers and Formula 1 drivers, technology is being used to help sportspeople reach their full potential.

Everything they do is measured. Including their overall health, performance during training and live events, sleep and diet.

Today’s clubs and sports teams understand that analytics can improve their chances of winning. And most players are happy to have their data analysed to benefit their individual and team performance. But, if you are a professional sportsperson, your information could be being exploited in ways you have not agreed to. For example:

The UK sports betting and gaming industries are worth several billions of pounds annually and depend heavily on sportsmen and sportswomen’s data. But the profits do not get passed back to them. 

Protecting the rights of athletes, if your personal information has been used in ways you did not agree to, we can help you get compensation. In some cases, this could be as much as £5,000 – £20,000 per player.

Most players are not aware that their personal data is being processed and monetised, or that they are losing out financially as a result.

Contact us if you are concerned that someone else might be making money from your data.

Is your training data being used by wearable tech companies?

As well as professional sportspeople, passionate amateurs, those who like to keep active, and people looking to get fit could also find their data being exploited by wearable devices.

It is important that you know how your data is being used, where and how it is stored, if and who it is being shared with, and what safeguards are in place to protect it.

The data captured by these devices could reveal sensitive personal information relating to your identity, location, and health status, and this creates obvious privacy and security risks. What would happen if an insurance company got hold of your data and increased your premium for example?

If you are worried that your data has been used unlawfully by a wearable tech company, contact us to discuss a data breach claim.

Is your data making other people money?

Sport is big business and if there is a way to make even more money from it, someone somewhere has found it. What happens on the pitch/court is key, but virtual sports, gaming, broadcasting, betting, fantasy sports etc., all generate additional profit. And the use of player analytics is key to maximising sporting monetisation.

Data is gathered by technology companies that crunch it and charge clubs for providing analytics on their players and athletes. The manager will often go through this data and provide you with updates on your performance and stats. But what you are not told is how else this information is being used.

For example, the private information of sports personnel is being sold to gambling and sports gaming companies. And, in some situations, used against them in contract negotiations. For example, data could be used to highlight that a player might be at risk of injury, even if they are currently at the top of their game. In such cases, players could be due compensation of around £5,000 – £20,000.

Here are just some of the ways your data is being captured to help big businesses to make money:

CCTV and GPS

Tracking data such as runs, passes, accuracy, speed, jump height, distance, cards, throw-ins etc.

Biometric Data

Heart rate, sweat rate, sleep rhythms, oxygen stats, blood pressure etc. obtained via wearable tech.

Broadcast Media

Tracking and performance data is being shared between some media and data companies.

Medical Data

Physio reports and club doctor reports.

Performance Data

Goals scored, cards given, throws given and taken, and much more.

“Certain third-party companies such as gaming firms and bookmakers are using the personal and performance data of players without their consent. These businesses are making money off this information without compensating the players who own the rights to their data. 

“At Keller Lenkner UK, we are championing the issue of data ownership and seeking compensation for these professional sportsmen and women. 

“This is not about penalising clubs, who are perfectly within their rights to use personal data as long as they do so under the rules of the GDPR. This it is about what happens to player data once it arrives at the sports data companies and where it goes. The value of this data is significant and the money being made of it by companies associated with sports is astronomical.”

Kingsley Hayes, Head of Data Breach, Keller Lenkner UK

The Legal State of Play

Under the General Data Protection Regulation (GDPR), your data can only be processed for “specified, explicit and legitimate” purposes. It also must be kept accurate, up-to-date, and safe. You must also provide your consent for how it can be used.  Although companies collecting your data must undertake a DPIA (Data Protection Impact Assessment) as to how that data is used and processed, in the main our investigations show that is not happening.

By using your data in ways that contravene the GDPR, certain third parties are breaking the law – and we are holding them to account.

CONTACT US TO FIND OUT HOW WE ARE HELPING PAYERS GET COMPENSATION FOR THE ILLEGAL USE OF THEIR SPORTS DATA.

Sports data claims on behalf of clubs and advisers

If you are a club or professional adviser worried about the misuse of the personal data of your players or clients, you have an obligation to help them correct the situation.

Contact our expert lawyers to discuss a club sports data claim

Please fill out the form and we will get back to you shortly.

No-win, No-fee Sports Data Claims

Keller Lenkner UK acts on a strict no-win, no-fee basis. As our client, you will not pay us anything upfront.

If we win your case, a portion of the damages awarded to you will cover our costs and expenses. We charge this fee to cover the work done on your behalf by our expert litigation lawyers.

There are no hidden costs or expenses.

Why choose Keller Lenkner UK?

Our data breach team includes some of the most skilled litigation lawyers in England and Wales. We have the experience, diligence and means to fight our clients’ corner and win. We are never afraid of a fight, and we are ready to take on the large, deep-pocket gaming and betting giants that other law firms shy away from.

We are used to winning for clients against well-funded corporates. We also have all the resources and expertise necessary to take on complicated data breach cases in complex multi-claimant and group actions.

We are representing sportsmen and women on a no-win, no-fee basis to ensure claimants have access to the best lawyers without worrying about costly legal fees.

Ultimately, we act for clients who deserve to win, and we do everything we can to ensure that they do.

Kingsley-Hayes
Kingsley Hayes
Head of Data Breach

One of the UK’s foremost data breach lawyers, also one of the first solicitors in the UK to recognise the growing need for robust data protection, he has become a consumer champion in the field of data privacy. Kingsley leads a passionate team which includes some of the most skilled data breach lawyers in England & Wales.

Matthew Evans - Senior Solicitor for Keller Lenkner
Matthew Evans
Associate

An experienced litigator and manager, Matthew uses his expertise and negotiation skills to get the best possible results for the clients that he acts for. Matthew supports claimants seeking justice following a data privacy violation, often against large and well-funded organisations.

Ask an expert data breach lawyer! Data breach frequently asked questions.

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