GDPR for Sports Clubs – Young Players and Consent – What should sports clubs be doing to ensure compliance?
Consent was (and still is!) an element of the new data protection legislation that caused a considerable amount of confusion. How do you obtain it correctly? How long does it last? What if people change their mind? But for sports clubs in particular, another key concern is how to obtain consent from young players.
While consent is only one of the bases that can be relied upon to process personal data, for most sports clubs it is likely to be the one most frequently used. Consent must freely given, specific, informed and unambiguous for it to be valid, so how do sports clubs obtain this from minors? The Data Protection Act 2018 provides that only children aged 13 years or older can provide their own consent, but allowance must be made for their age. This means ensuring that privacy notices are age-appropriate, and that young people are aware of why you need their data. For children younger than 13 this means obtaining consent from the appropriate adult in their life and of course this consent must also be obtained in accordance with the new rules.
Remember, all the same requirements that apply to obtaining consent from adults apply when obtaining it from young people. This means consent must be documented, kept under review in case anything changes, and it must be as easy to withdraw as to give.
Consent obtained correctly is just one of the areas sports clubs need to tackle to ensure they do not fall foul of the new legislation. On Thursday 20th September, we are hosting a FREE GDPR sports law seminar to address the key issues sports clubs are facing when it comes to data protection. The seminar will be a chance to get to grips with the new legislation will be a great opportunity to dispel some of the GDPR myths by discussing with the SO Legal team any questions or concerns you may have.
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