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.

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.

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.

Intelligente Systeme – Intelligentes Recht

2021 ◽  
Keyword(s):  
Intellectual Property ◽  
Data Protection ◽  
Law School ◽  
Law And Technology ◽  
The Face ◽  
Science Conference ◽  
Data Protection Law ◽  
Smart Technologies ◽  
Adaptive Technologies ◽  
The Relationship

The relationship between law and technology is becoming increasingly complex due to the rapid advance of digitization and the development of new and "smart" technologies. Traditional anthropocentric concepts of law seem to be in question. Moreover, the ways in which law is made and applied are changing. In the face of new and adaptive technologies, must law and its enforcement themselves become more adaptive, and how can this be done? In their contributions to the 6th GRUR Young Science conference, young scientists will address these questions from the perspective of intellectual property, media, competition, information and data protection law and will present their theses for discussion at the online conference organized at Bucerius Law School on June 4 and 5, 2021. With contributions by Dr. Jonas Botta, Dr. Michael Denga, Prof. Dr. Philipp Hacker, Dr. Elsa Kirchner, David Korb, David Linke, Janine Marinello, Ferdinand Müller, Stefan Papastefanou, Dr. Joachim Pierer, Darius Rostam, Martin Schüßler, Florian Skupin, Sebastian Theß and Nora Wienfort.

Conclusions: Striving for Data Subject Control within and beyond Data Subject Rights

2021 ◽  
pp. 215-236
Author(s):  
Helena U. Vrabec
Keyword(s):  
Data Protection ◽  
Holistic Approach ◽  
Control Rights ◽  
Data Protection Law ◽  
Article 5 ◽  
Data Subject

Chapter 9 is a concluding section of the book. It takes a look at the rights from the perspective of effectiveness and analyses them in a more structured manner by utilising a framework of data protection principles from Article 5 of the GDPR. The analysis shows that data subjects’ control rights are sometimes ineffective. However, this part of data protection law must be, nonetheless, maintained, because it not only serves the objective of control but has other objectives too. To mitigate the ineffectiveness, some alterative measures are considered, for example technological solutions and legal mechanisms outside of data protection law. The chapter refers to these alternatives as ‘a holistic approach to control’.

Data Ownership

2021 ◽  
pp. 60-82
Author(s):  
Thora Knight
Keyword(s):  
Intellectual Property ◽  
Information Sharing ◽  
Data Privacy ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Issues ◽  
Privacy Concerns ◽  
Wearable Technologies ◽  
Regulatory Climate ◽  
Health Laws

This chapter explores legal issues concerning ownership of data collected, shared, used, and transmitted via wearable technologies. Such widespread information sharing raises privacy concerns that existing legal protections do not address. The author analyzes prevailing legal regulatory climate surrounding data privacy, such as health laws and privacy policies. Next, the author highlights the inadequacy of these legal instruments and explicate the legal framework of intellectual property laws to determine ways to provide individuals with more control over their personal data.

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.

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.

Research Guide to European Data Protection Law

2014 ◽  
Vol 42 (2) ◽  
pp. 348-417 ◽  
Author(s):  
Steven S. McCarty-Snead ◽  
Anne Titus Hilby
Keyword(s):  
International Trade ◽  
Data Protection ◽  
Public Safety ◽  
Data Privacy ◽  
Freedom Of Expression ◽  
Personal Information ◽  
European Data ◽  
Privacy Laws ◽  
Data Protection Law ◽  
Research Guide

“Data protection” law refers to the legal scheme governing the collection, holding, processing, disclosure, and transfer of individuals’ personal information online … and off. Data protection is a fast-changing and increasingly important supranational, international (including transnational), and national topic that touches on a numerous core political concerns, including the freedom of expression, public safety, and international trade. One recent study found that “data privacy laws are spreading globally, and their number and geographical diversity accelerating since 2000.”

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.

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