At this time of year, when important sporting events are taking place (Copa América and Euro Cup) or are about to begin (Olympic Games), it is an excellent opportunity to analyze the importance of compliance in the sports industry.
The sports industry is a dynamic sector with great visibility worldwide. Sporting events attract millions of spectators, generate huge revenues and have a significant impact on society. However, the increasing complexity and globalization of related activities have brought with them various ethical and legal challenges. In this context, regulatory compliance has become an essential component to ensure the integrity and sustainability of sport.
Sports, like other industries, are not exempt from cases of corruption and fraud. Corruption scandals at renowned sports organizations have shown the need for robust compliance systems. The implementation of compliance programs has been crucial to providing credibility and transparency in organizations as important as FIFA.
Protection of the Rights of Athletes
Compliance is also vital to protect the rights and well-being of athletes. Cases of abuse and exploitation have highlighted the need for clear policies and effective reporting mechanisms. The lack of adequate compliance mechanisms could have contributed to multiple complaints related to inappropriate conduct in the field of sports of different types.
Compliance plays a crucial role in promoting gender equality and inclusion in sport. Gender discrimination and lack of female representation in management positions are persistent problems in many sports organisations. For example, UEFA has adopted compliance policies to promote gender equality, including the implementation of gender quotas in its committees and the promotion of development programs for women in sport. These measures help create a more inclusive and equitable environment.
Financial Transparency and Sustainability
Transparent financial management is essential for the sustainability of sports organizations. Financial compliance ensures that funds are used appropriately and fraudulent practices are avoided. A notable example is UEFA’s Financial Fair Play (FFP), a set of regulations designed to improve the financial transparency and sustainability of European football clubs. The FFP requires clubs to operate within their financial means, which helps prevent excessive debt and promotes fairer competition.
In that sense, a strong compliance program can also improve the reputation of sports organizations and increases the trust of sponsors, fans and other stakeholders. Public perception of integrity and transparency is crucial in the sports industry. For example, the International Olympic Committee (IOC) has implemented strict compliance measures to ensure transparency in the selection of host cities and the management of the Olympic Games. These measures have been fundamental to maintain confidence in the Olympic institution.
The World Anti-Doping Agency (WADA) is an example of how compliance can be implemented at a global level to combat unfair competition. WADA establishes and supervises the application of anti-doping rules, which helps maintain the integrity of sports competitions, rules that are applied in all countries that participate in international competitions.
Personal data protection
“Athlete data analysis is increasingly common in sport. Likewise, this analysis has transcended the teams and has been widely disseminated to the fans in general. In this way, it is common to know how many kilometers a soccer player traveled, his weight, hours of training, among others. The way in which this data is collected, processed and shared is an aspect to consider, since the bases of legitimacy for processing personal data may vary from one country to another and, furthermore, some of this data could be considered personal data. sensitive in some legal systems,” indicates Juan Carlos Tristán, Partner of the BLP firm in Costa Rica and with a strong presence in Central America.
According to Rodrigo Albagli, partner at the albabli zaliasnik legal firm in Chile, “in sports, compliance has become a fundamental pillar to guarantee transparency, ethics and integrity in all operations. Implementing regulatory compliance programs not only ensures that clubs and sporting organizations adhere to applicable laws and regulations, but also promotes a fair and responsible sporting environment.
For the reasons described, we can affirm that compliance in the sports industry is not only a matter of complying with laws and regulations, but also of promoting a culture of integrity, transparency and responsibility. Robust compliance programs help prevent corruption, protect athletes’ rights, promote gender equality and inclusion, ensure financial transparency, enhance reputation and encourage fair play. The effective implementation of these practices is essential for the sustainable and ethical future of sport. Sports organizations that take a proactive approach to compliance will be better positioned to meet the challenges and seize opportunities in this dynamic and ever-evolving environment.
