scholarly journals Stats Entertainment: The Legal and Regulatory Issues Arising from the Data Analytics Movement in Association Football

2021 ◽  
Author(s):  
Christopher A. Flanagan
Keyword(s):  
Data Protection ◽  
Data Analytics ◽  
Competition Law ◽  
Legal Issues ◽  
Performance Data ◽  
Regulatory Issues ◽  
Association Football ◽  
Legal Questions ◽  
Data Protection Law ◽  
Player Performance

Data analytics has become a critical part of professional football.  It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question.  Focussing on the position in English law, this article first considers whether the data produced in football is capable of ownership, whether in its raw format or after manipulation.  Next, the position in respect of data protection law (including FIFA’s Data Protection Regulations) is considered.  Finally, some broader legal issues are considered, including competition law and the regulation of artificial intelligence.The conclusions of this article are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances.  However, data protection law presents a more complicated problem, presenting a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.

scholarly journals Stats Entertainment, Part Two: Football Data Analytics, Data Privacy, and the Legal Issues on the Horizon

2021 ◽  
Author(s):  
Christopher A. Flanagan
Keyword(s):  
Intellectual Property ◽  
Data Protection ◽  
Data Analytics ◽  
Data Privacy ◽  
Contextual Information ◽  
Holistic Approach ◽  
Legal Issues ◽  
Performance Data ◽  
Data Protection Law ◽  
Player Performance

Data analytics has become a critical part of professional football.  It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question.  Focussing on the position in English law, this two part article takes a holistic approach to assessing the legal issues presented by the data analytics movement.Part One set out contextual information on the development of data analytics in football, before examining whether the data produced in football are capable of ownership, either in raw format or after manipulation, taking into account the nature of property and intangible assets, relevant intellectual property laws, and non-IP protections. This Part Two goes on to consider the position in respect of data protection law (including FIFA’s Data Protection Regulations) before taking into account some broader legal issues, such as the application of competition law and the regulation of artificial intelligence.The conclusions of Part One and Part Two together are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances.  However, data protection law presents a more complicated problem, with a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.

Die rechtliche Bewertung der Tätigkeit von Influencern unter besonderer Berücksichtigung werberechtlicher Problemstellungen

2021 ◽  
Author(s):  
Carolin Felicitas Alberts
Keyword(s):  
Data Protection ◽  
Problem Area ◽  
Legal Issues ◽  
Tax Law ◽  
Media Law ◽  
Legal Problem ◽  
Business Law ◽  
Trademark Law ◽  
Legal Questions ◽  
Data Protection Law

The phenomenon of influencers influences both business life and business law. Various legal violations of influencers are discussed on an ongoing basis. The author takes a comprehensive look at and assesses the legal issues that have arisen. The focus is on the question of when influencer posts are to be labeled as advertising. Here, the legal classification as advertising or editorial contributions is problematic. The author also addresses other legal questions concerning influencer activities. These concern, for example, the areas of media law, data protection law, trademark law, but also tax law. The author's intention is to create legal clarity in the new legal problem area of influencers.

Legal Issues for DRM

2009 ◽  
pp. 314-334
Author(s):  
Vagelis Papakonstantinou
Keyword(s):  
Intellectual Property ◽  
Web 2.0 ◽  
Intellectual Property Rights ◽  
Data Protection ◽  
Competition Law ◽  
Legal Issues ◽  
The Internet ◽  
Property Law ◽  
Consumer Law ◽  
Data Protection Law

DRM systems have been implemented in the past few years by the Content Industry as the panacea against all copyright (and Intellectual Property Rights in general) infringements over the Internet. The validity of this statement shall be assessed in this analysis, identifying its strengths and record to-date and highlighting its shortcomings in an increasingly complex e-commerce (Web 2.0) environment. While doing this, particular attention shall be given to (mostly EU) Intellectual Property Law, Consumer Law, Data Protection Law, and Competition Law.

Information at the crossroads of competition and data protection law

2014 ◽  
Vol 12 (2) ◽  
pp. 169-183 ◽  
Author(s):  
Rolf H. Weber
Keyword(s):  
Data Protection ◽  
Competition Law ◽  
Data Protection Law ◽  
Potential Factors

AbstractInformation is increasingly becoming a valuable currency in online businesses and, thereby, a competition factor, however, equally an important element of privacy. This article addresses the only weakly researched relationship between competition law and data protection law outlining potential factors that can contribute to a suitable balance of the two legal sectors.

Exploitative abuses in digital markets: between competition law and data protection law

2020 ◽  
Author(s):  
Miriam Caroline Buiten
Keyword(s):  
Market Power ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
Competition Law ◽  
Privacy Concerns ◽  
Online Platforms ◽  
Data Protection Law ◽  
Collection Practices ◽  
Abuse Of Dominance

Abstract Online platforms increasingly offer consumers services ‘for free’, in exchange for collecting consumers’ personal data. This business model is highly successful, leading some online platforms to gain substantial market power. This market power can cause consumer harm—not through higher prices, but in the form of privacy harm. This article considers what role competition law and data protection law can play in mitigating this harm to privacy. The article considers how we can conceptualize exploitative abuse of dominance cases in zero-price markets. The article calls into question if data protection laws should play a role in antitrust abuse assessments, against the background of the Bundeskartellamt antitrust investigation into Facebook’s data collection practices. The article argues that, even in digital markets that unequivocally link market power with data privacy concerns, competition law and data protection law have complementary but distinct roles to play.

Data Processing as an Abuse of Market Power in Multi-Sided Markets. The More Competition-Oriented Approach in the German Federal Supreme Court’s Interim Decision KVR 69/19 – Facebook

2021 ◽  
Author(s):  
Mark-Oliver Mackenrodt
Keyword(s):  
Data Processing ◽  
Supreme Court ◽  
Market Power ◽  
Data Protection ◽  
Competition Law ◽  
Competition Authority ◽  
Data Protection Law ◽  
Court Proceedings ◽  
The Relationship ◽  
Federal Supreme

Abstract The relationship between competition law and data protection law has been a highly controversial issue following the German Competition Authority’s (Bundeskartellamt, hereinafter ‘Competition Authority’) decision with regard to Facebook’s data processing policy. The Competition Authority’s theory of harm was centered around an exploitative abuse of market power through the imposition of a data processing policy which is in conflict with the data protection rules. In the interim court proceedings, the OLG Düsseldorf criticized the Competition Authority’s decision. The German Federal Supreme Court (Bundesgerichtshof, hereinafter ‘Federal Supreme Court’) upheld the Competition Authority’s decision. However, the Federal Supreme Court did not derive the exploitative abuse primarily from a mere violation of data protection law. Instead, the Court referred to the users’ lack of freedom of choice. The Court developed a modified theory of harm by identifying elements of an exploitative abuse but also of an exclusionary abuse. The Court’s line of argument is more competition-oriented and accounts for the particular economic features of multi-sided markets. In this line of reasoning, an actual violation of the data protection rules is not a necessary prerequisite for finding a violation of competition law.

scholarly journals ASSOCIAZIONI SPORTIVE DILETTANTISTICHE (ASD) E PROTEZIONE DEI DATI PERSONALI NEGLI ORIENTAMENTI DEL GARANTE

2021 ◽  
Vol 2 (2 - 2021) ◽  
Author(s):  
Fabio Bravo
Keyword(s):  
Legal System ◽  
Data Protection ◽  
Expert Knowledge ◽  
Specific Area ◽  
Case Law ◽  
Legal Issues ◽  
Data Protection Law

This essay, through the lens of case law concerning the rulings of the Italian Supervisor Authority, analyses the main legal issues relating to the compliance with data protection law by Amateur Sports Associations (ASA). Then it highlights the importance of both expert knowledge of practices, also through the study of case law in this area, and the identification of figures within the association, adequately trained in this specific area of the legal system.

Datenmacht in der kartellrechtlichen Missbrauchskontrolle

2019 ◽  
Author(s):  
Nela Grothe
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Legal Issues ◽  
Time Data ◽  
Effective Competition ◽  
Online Platforms ◽  
Data Protection Law ◽  
Trust Law ◽  
The Relationship

The continuously increasing relevance of online platforms has led to data being of extreme importance for competition. In the age of big data, data has created effective competition in terms of quality and innovation. At the same time, data power poses risks with regard to competition. As a result, numerous new legal issues have arisen concerning the treatment of such data power in relation to the regulation of antitrust abuse. This study examines the effects of data power on the regulation of antitrust abuse by referring to the German Federal Cartel Office’s (Bundeskartellamt) latest case against Facebook. It examines whether and how aspects of data protection can or should be considered with regard to the monitoring of abuse. It also provides an overview of the risks of data power in relation to antitrust issues and clarifies the relationship between anti-trust law and data protection law.

Sign in / Sign up

Export Citation Format

Share Document