AI is taking over sports: are you legally prepared for tomorrow's game?

Artificial intelligence (AI) has definitely broken through in sports. We see it in the advanced data analysis Liverpool FC uses to optimize corner kicks , in the AI-driven video systems that help prevent injuries at top clubs such as SSC Napoli , and in the real-time, personalized commentary that Wimbledon offers to millions of fans worldwide. This technology is no longer a distant future; it is a powerful tool that is already improving performance, engaging fans and increasing the commercial value of sport today.

But while the possibilities seem endless, the legal complexity is also growing. A recent report from the European Commission, "Artificial Intelligence in the Sport Sector", serves as a crucial guide. It shows that a proactive legal strategy is not a brake on innovation, but just the prerequisite for sustainable success. It is essential for clubs, federations, athletes and technology suppliers to understand and apply the new rules of the game.

Everest Lawyers houses a team of attorneys specializing in sports law who also closely follow these developments.

The undeniable advantages: why AI is conquering the world of sports

To understand the legal challenges, we must first recognize the enormous impact of AI. The applications are located in three major areas:

• Operational efficiency for clubs: Especially in recreational sports, where clubs rely on volunteers, AI can make a world of difference. Administrative tasks such as member registrations, collecting membership fees and planning training sessions can be largely automated. This gives volunteers and administrators room to focus on what really matters: the sport itself.
• Optimization of sports performance: This is perhaps the most well-known domain. By analyzing data from wearables and video footage, AI systems can create personalized training schedules, predict injury risk and monitor athletes' recovery. This allows both individual athletes and teams to take their performance to the next level.
• A revolution in fan experience: AI creates a richer and more personalized experience for fans. Think of streaming platforms that offer content and statistics tailored to the viewer , or smart systems in stadiums that optimize traffic flows and crowd management for a safe and smooth experience.

The legal framework: the new rules of the game are called AI Act and GDPR

These technological advances are not taking place in a legal vacuum. Two European regulations are the pillars of regulation:

1. The AI Act: This legislation regulates AI based on risk. Applications posing an unacceptable risk are prohibited by the AI Act . High-risk systems - such as AI used to analyze biometric data or for critical decisions that could affect an athlete's career - must meet very strict requirements. Consider obligations around data quality, transparency, human oversight and cybersecurity.
2. The GDPR: The General Data Protection Regulation remains the cornerstone of data protection. This is particulary relevant in the context of sports because large amounts of “special categories” of personal data are processed. Medical data, physical performance data and biometric information enjoy the highest form of protection under the law. A valid legal basis and explicit consent are often required.

Zooming in deeper: the concrete legal challenges

As an organization, what should you pay attention to in practice?

1. Data protection: the Achilles' heel

• The rights and ownership of athlete data: The data collected could be used in contract negotiations, leading to a power imbalance. Players' unions such as FIFPro rightly express concerns about this. It is crucial to make clear agreements in contracts about who owns the data, what it may be used for and how the athlete can exercise control.
• The responsibility of the club: The club or federation is usually the "controller" and thus ultimately responsible for GDPR compliance. This means that robust processing agreements must be in place with technology providers and a Data Protection Impact Assessment (DPIA) may need to be conducted before a new AI system goes live.
• International data flows: Many AI platforms are offered by parties outside the EU (e.g., in the US). Transferring European personal data to these countries is complex and requires specific legal safeguards to ensure the protection of that data.

2. Fair play in the algorithm: bias and transparency

• The battle against 'bias': An AI model is a mirror of the data on which it is trained. If that data contains historical biases, the algorithm will reinforce them. For example, a scouting model trained on data from past decades might favor a certain type of player, unknowingly discriminating against new, creative talent. It is your responsibility to check systems for fairness.
• The "black box" problem: Sometimes it is unclear even to experts how an AI model arrives at a particular conclusion. This opacity is a major legal risk. If an athlete is left out of a selection based on an incomprehensible AI analysis, you are legally weak. The call for "Explainable AI" (XAI) is therefore becoming louder and louder.

3. High-risk applications: increased vigilance

• AI as a referee: Systems that help with arbitration, such as semi-automatic offside detection or electronic linesmen, improve accuracy. But who is liable if the system fails? Clear protocols and human supervision remain indispensable.
• Security in the stadium: Facial recognition and crowd management software as tested during the 2024 European Football Championship clash with the fundamental right to privacy of thousands of fans. Their deployment is subject to the strictest rules of both the GDPR and the AI Act and requires a very thorough legal analysis.

What this specifically means

For the sports club (amateur & professional):

• Due Diligence: Thoroughly research which AI tool you purchase or use. Ask the vendor about GDPR and AI Act compliance.
• Contracts: Enter into a clear processing agreement that establishes data protection responsibilities.
• Transparency: Inform your athletes and members clearly and completely about what data you collect and how the AI systems use it.
• Human supervision: Make sure that important decisions are never fully automated. There should always be human review and validation.

For the athlete:

• Know your rights: You have the right under the GDPR to access, correct and delete your personal data. Be aware that performance data may be used in contract negotiations.
• Ask critical questions: Ask your club how your data is protected and what guarantees are in place against errors in the algorithms.

For the software developer:

• Compliance by design: From the design stage, make sure your software complies with the principles of the GDPR and the AI Act.
• Transparency: Be clear about the capabilities and limitations of your system and document how the algorithms arrive at decisions.

Conclusion

The entry of artificial intelligence into the sports world is a fact with enormous benefits, but it also creates a new legal minefield around liability and data protection.

Implementing AI is a strategic decision with far-reaching legal implications. A wait-and-see approach is risky. Organizations that invest in legal knowledge and an ethical framework now are building not only compliance, but also trust with athletes, fans and commercial partners.