Advising a Sports Technology Business or Team: A Practitioner's Guide to Athlete Data Rights, Wearables, League Terms, and Commercial Exploitation
By Casey Scott McKay ·
A practitioner's guide to advising in sports technology, written for the four clients who appear in this practice — a club, a league, a vendor, and an athlete. It begins with the collective bargaining agreement, because in unionised sport that document is the operative law and every other analysis is subordinate to it. It then covers the data inventory, the separation between clinical and performance records, and the access controls that make purpose limitation real. A central section works through vendor terms, where the standard grants routinely conflict with the club's collective obligations. Later steps cover biometric statute compliance at the venue, the commercial layer of official data and betting supply, and the youth and college gap. It closes with digital replica drafting, cross-border transfers, and breach response.
IP and Technology > Privacy Data Security | Guide | Published 9 July 2024 - Updated 23 February 2025 | Casey Scott McKay - marksy.us
Read the collective agreement first
The single most common error made by lawyers new to this sector is to begin with privacy law. In unionised professional sport, the operative document is the collective bargaining agreement, and it is more specific and more protective than any generally applicable statute.
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