Skip to main content
Comment & Opinion

Driving fan engagement through digital transformation: navigating the legal hurdles

“More and more sports organisations are looking to undertake technology projects to drive engagement with fans old and new. These digital transformation initiatives can help your organisation better understand, and engage with, your audience but it’s critical that these projects are undertaken in a commercially effective and legally compliant manner.”

- Luke Jackson, Director, Sports and Technology
Luke Jackson

Sports organisations at all levels are collecting customer data like never before. In many cases, this provides opportunity to grow a club’s – or even a sport’s – brand as they leverage this information through digital transformation projects. These initiatives can help your organisation better understand, and engage with, your audience. It’s critical that this practice is undertaken in a commercially effective and legally compliant manner. In this article we’ll be looking at:

  • How fan engagement is being driven by digital transformation.
  • Three key areas where sports organisations – whether that be clubs or governing bodies – may be exposed.
  • Important considerations and tips in these three key areas.

Engaging the crowd: how digital transformation helps sports organisations to connect with fans

Data-driven organizations are 23 times more likely to acquire customers, 6 times as likely to retain customers, and 19 times as likely to be profitable as a result.”

In the sport sector, we are seeing digital transformation efforts targeted at gathering and efficiently categorising personal, behavioural and demographic data as organisations look to leverage the swathes of information at their fingertips. Where this information can be utilised efficiently, the benefits are obvious:

  1. Develop a deeper understanding of your audience – and reach new ones;
  2. Maintain existing relationships by building more meaningful connections with fans and participants through more personalised ads and content;
  3. Use insights to predict and spot future opportunities, showcase value to prospective partners and drive internal efficiencies; and
  4. Demonstrate compliance with regulatory requirements, such as UK data protection laws, more efficiently.

But some organisations are squandering this opportunity by not having the right building blocks in place to really take their fan engagement to the next level: here’s our advice on where to start.

The importance of interoperability and avoiding contracting “own goals”

It’s critical that new technologies integrate seamlessly with the existing ecosystem. Failure to do this can result in your business not being capable of using the technology to its full potential: this can mean accepting certain (unplanned) limitations or incurring extra spend to fix the problem.

Ensuring this interoperability begins at the very start of the procurement cycle. It is important that sufficient diligence is undertaken to ensure that any new systems communicate and connect with the existing IT ecosystem.

Failure to do this can leave your organisation in a troublesome position, more than likely out-of-pocket for significant costs. For example, paying the annual cost of a system that is unusable alongside the costs of a replacement solution.

Accordingly, when you are implementing any new tech solution or tool, it is always important to:

  1. Consider whether a trial period is necessary to fully understand the solution;
  2. Understand what solutions you already have in place;
  3. Ascertain the requirements (if any) for connection with existing solutions or other new solutions;
  4. Particularise the deadlines for any implementation and connection with existing or other new solutions; and
  5. Detail the consequences and remediation of any failed implementation and connection.

We are experienced in the procurement of sports technology solutions and can help to ensure that you are not contracting on terms that are overly onerous or out of line with market norms; contact Luke or Kyran to discuss your query further.

Stay ahead of the game with a compliant data collection strategy

Data collection from fans, customers and visitors happens in a number of ways: surveys, reviews, promotions and mailing lists, to name a few. However, the organisations that are doing this really well give advance consideration to the different categories of data it wishes to collect and, crucially, develops a business-wide strategy to affect what it wants to do with that data.

For a football club, this may mean identifying opportunities (current or future) to enhance their offering to fans – whether that be:

  • Drawing their attention to news relating to the club’s women’s team, third party events (such as concerts) it is hosting or its charitable foundation’s latest initiatives;
  • Offering personalised purchasing opportunities, for example in-stadium or at the retail store, that are tailored based on that supporter’s preferences (such as a favourite player); or
  • Telling them about key partnerships/sponsors that they may be interested in and their activities.

Once these objectives are established, a strategy can help navigate the requisite tech solutions and systems as well as identify where data protection compliance steps should be taken (for example, obtaining express marketing consents). Laying the foundations at the outset will allow you to better understand your fan or customer base and show greater value to prospective partners by demonstrating why your organisation is the right fit. Experience shows that failure to do this can make it very difficult and costly to rectify or reconcile at a later date.

We have expertise in helping sport organisations develop tailored data protection compliance strategies, along with associated policies and other standard documentation, that help achieve their desired goals; contact Luke or Kyran to discuss your query further.

Consent: receive, record, and refresh – Be conscious of the rules around direct electronic marketing

As an organisation’s fan/customer database grows, so do the opportunities to send marketing-related communications. Before sending any direct marketing to individuals it is (in the majority of circumstances) important that you receive the express and clear consent from that individual. That means the individual actively provides their permission to receive marketing from you. For example, this may look like ticking a box or filling out an e-form.

Likewise, it is also important for an organisation to:

  1. Keep a clear record of these consents and ensure your database clearly outlines what can be marketed to particular individuals; and
  2. Regularly refresh these consents from time to time to ensure that they are up-to-date.

Getting this wrong can have financial as well as reputational consequences to your organisation. By sending marketing to an individual who has not consented to receive such marketing may make your organisation liable for:

  • A fine up to £500,000;
  • A fine up to the greater of either £17.5m or 4% of the organisation’s global turnover; and
  • A publicly made reprimand, enforcement notice or action by the ICO.

We are experts in the legal issues surrounding direct marketing and communications with customer databases and can help with any ad hoc queries that may arise: contact Luke or Kyran to discuss your query further.

Concluding thoughts – The elevator pitch

It can be difficult sometimes navigating these waters of procuring a tech solution which will meet the needs of your organisation on balanced terms and conditions. Similarly, it is equally hard ensuring that your organisation is meeting the requirements when it comes to collecting and organising marketing consents and following the rules relating to direct electronic marketing.

Luke Jackson or Kyran Clarke in the Sports Tech & Data Team are able to provide thorough advice on all elements of procurement of tech solutions as well as compliance with UK data protection laws and the requirements surrounding direct electronic marketing.

Join our free webinar

Technology’s growing role in sport: Managing digital transformation projects and navigating legal challenges.

11:00am-12:00pm, Wednesday 7 May.

Register here.

Our people

Luke
Jackson

Director

Commercial

CONTACT DETAILS
Luke's contact details

Email me

CLOSE DETAILS

Kyran
Clarke

Associate

Commercial

CONTACT DETAILS
Kyran's contact details

Email me

CLOSE DETAILS