A Comparative Study of Legal Challenges in the Ownership of Biometric and Performance Data of Athletes at the International Level

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Abstract

The rapid advancement of digital technologies in sports has led to unprecedented collection and utilization of athletes’ biometric and performance data, raising complex legal questions regarding data ownership, privacy, and cross-border data governance. This comparative study systematically analyzes the legal frameworks governing the ownership of such data across major jurisdictions, including the European Union, United States, and selected international sports federations. Employing a mixed-methods approach, the research integrates doctrinal legal analysis with empirical data from stakeholder surveys (n=312) and expert interviews (n=18). Advanced statistical techniques, including multinomial logistic regression and structural equation modeling (SEM), were applied to assess the influence of legal, organizational, and technological factors on data ownership perceptions and dispute outcomes. The findings reveal significant jurisdictional disparities in the allocation of data rights, with the EU’s GDPR framework providing stronger athlete protections compared to the contractual models prevalent in the US. Notably, the lack of harmonized international standards exacerbates legal uncertainty for athletes, teams, and technology providers. The study concludes by recommending policy interventions and the development of transnational legal instruments to address emerging challenges, enhance data security, and ensure equitable stakeholder interests in the global sports ecosystem.

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