On 27 April 2016, after four years of tough negotiations, the EU has finally adopted the data protection reform package including the “General Data Protection Regulation” and the “Data Protection Directive for Police and Criminal Justice Authorities”.
Updating the current rules adopted in 1995, this reform aims to strengthen citizens' fundamental rights in the digital age and facilitate business by simplifying rules for companies in the Digital Single Market. The main outcomes for citizens will be:
The Olympic Movement has carefully followed the process leading to the adoption of this legislation. However, despite an intensive exchange with the sport movement, the EU did not include a clear legal basis for the processing and the transfer of personal data, by sport organisations. In this regard only two options for sport organisations remain: 1. A separate national law or 2. The inclusion of the fight against doping and against match-fixing in the list of areas of public interest at national level.
The EU Data Protection Regulation specifies that the legal basis for the processing of data in the public interest must be provided by law of Member States. In this regard, it is crucial that each Member States include the fight against doping and the fight against match-fixing in their own definition of public interest, in order to provide legal certainty for sport organisations. EU Member States will have 2 years to implement this new framework, in their national legislation.