Wearable health technology is rapidly transforming the landscape of professional sports. From heart rate monitors and GPS trackers to biometric gloves and brain health sensors, these devices are now commonplace in professional sports such as basketball, football, golf, hockey, soccer and motor racing. These devices promise enhanced athlete performance along with a wealth of data-driven insights for team managers. This technological revolution, however, brings with it a complex web of legal, privacy and compliance challenges that sports organizations and leagues must navigate with care.
7 Things to Know About Wearable HealthTech and the Law
1. Navigating a Patchwork of Privacy Laws
Athlete health and biometric data are subject to an increasing number of privacy regulations. In the U.S., statutes such as HIPAA and a growing array of state comprehensive privacy laws may apply, while regulations such as the EU’s GDPR protect the personal data of citizens of the European Economic Area (EEA). The classification of athlete data, whether as an employment record or a medical record, can trigger different legal obligations. Understanding when athlete consent is required and ensuring compliance with overlapping laws is critical. Non-compliance can result in regulatory scrutiny, private litigation and reputational harm.
2. Biometric Data: Opportunities and Risks
Wearables collect highly sensitive biometric information, including heart rate, blood oxygen levels and even neurological data. State laws are increasingly targeting biometric privacy, with some, like Illinois’ BIPA, granting private rights of action to individuals. Emerging technologies, such as brain function tracking and genetic testing, further complicate the legal landscape as definitions of protected data evolve. Best practices require careful focus on the collection, use, retention and disposal of biometric information.
3. Data Security: Guarding Against Cyber Threats
The sports industry is an attractive target for sophisticated cyberattacks, and wearable devices introduce new vulnerabilities. Robust cybersecurity programs are essential, including encryption, access controls and incident response planning. A breach of athlete data can have far-reaching consequences, damaging athlete trust and a team’s reputation, and potentially impacting recruitment and league operations. Compliance with state and international breach notification laws is a must.
4. Transparency and Athlete Trust
Clear, accessible disclosures to athletes about what data is collected and how it will be used are fundamental to building trust. Consent forms, privacy notices and ongoing communication should be standard practice. Teams must balance the drive for performance optimization with respect for athlete privacy and autonomy, ensuring that policies and player contracts reflect these values.
5. International Expansion: Cross-Border Data Challenges
Teams with international athletes or fanbases face additional hurdles in collecting, storing and transferring personal data across borders. Compliance with comprehensive privacy regulations such as Europe’s GDPR requires careful planning and harmonization of compliance efforts. Monitoring regulatory developments in key jurisdictions is essential to managing global risk.
6. Employment, Labor and Contractual Considerations
Collective bargaining agreements (CBAs) and player contracts play a significant role in shaping wearable tech policies. Negotiating data rights and usage, addressing athlete concerns about surveillance and autonomy, and collaborating with player associations are all critical steps. Transparency and cooperation are key to successful implementation.
7. Commercialization, IP and Future-Proofing
The monetization of athlete data — through sponsorships, fan engagement platforms and other channels — presents both opportunities and risks. Pro sports associations need to address a range of intellectual property considerations, including device patents, proprietary algorithms and data ownership. As technology and legal standards evolve, ongoing legal review and compliance audits are vital to staying ahead.
Conclusion: A Proactive Legal Strategy is Essential
Wearable health technology offers tremendous potential for professional sports organizations, but it also introduces complex legal challenges. In-house counsel and sports executives must proactively address privacy, security and compliance risks to unlock the benefits of these innovations. Regularly assessing current policies, identifying gaps and engaging with legal experts will be essential to building a strategy that supports both athlete performance and organizational integrity.
Ryan Vaskov (summer associate) also contributed to this article.
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