Artificial Intelligence: The defining tech trend in modern sport

Adoption of artificial intelligence (AI) remains the single biggest technology trend that we are seeing amongst our sport client base. Whether that be to gain an advantage on the pitch (through scouting, tactical analysis, coaching and injury management) or off it (by leveraging better commercial deals, improving understanding of and engagement with fans and enhancing the in-stadium experience), we are seeing football clubs embrace this technology in a bid to find more efficient ways of operating.

We are often asked by clients for support in procuring AI technology and to help them develop strategies and policies to govern its use. While we can advise you based on your unique circumstances, we discuss our high-level thoughts on how to approach this vast – and, to some, intimidating – area.

Defining Clear Objectives and Staying Informed

A lot has been said in the last 12 months on AI, with a new story, development or opinion seemingly every few days. This constant stream of information has led to polarised views, with some forming a view that AI is a revolutionary force for good, while others cannot look past its potential risks. As with most transformative technologies, the reality is more nuanced.

There are undoubtedly areas of risk associated with AI use, such as quality concerns over outputs that may be biased or entirely fabricated ‘hallucinations’, confidentiality risks, data security and IP uncertainties about unknowingly infringing third party rights – just to name a few.  However, despite these challenges, we have seen many concrete examples of AI delivering measurable efficiencies, both on and off the pitch.

The key to successful adoption lies in understanding the technology and evaluating each specific use case. By clearly defining objectives and staying informed about the evolving AI landscape, clubs can make informed decisions, considering whether the potential benefits outweigh the associated risks on a case-by-case basis.

Internal Use of AI: Strategy vs Policy

In-house lawyers may be tasked with creating an internal ‘AI Usage Policy’ for their club. However, this can be ineffective if undertaken in isolation. The starting point for AI use must be an organisation-wide strategy that factors in commercial, operational and financial – as well as legal – considerations. Legal considerations spread across many disciplines, including commercial, data, employment and intellectual property. A working group to establish the business’ objectives and risk appetite for AI use can work well. Once coherent cross-business thinking has been established, guidance and policies for widespread use can be drafted. Legal is capable of leading on such a project but collaboration from key stakeholders and referencing back to the agreed strategy is important to drafting something that is lasting and effective.

Data Governance in AI: Protecting Data and Setting Boundaries

Many AI strategies place limitations on the types of data that can be used with AI systems, with restrictions on inputting confidential or personal data. It is as important to consider the AI systems that are working with the data, particularly when using third-party platforms. A default position might be to only allow sensitive information (such as player medical records or proprietary tactical insights) to be used on closed AI systems, that offer greater security and code transparency. Some clubs might permit the use of non-sensitive information in conjunction with open AI systems (such as ChatGPT); however, those using open AI systems must be adequately trained. Not inputting (or permitting suppliers to collect) more data than is necessary and understanding that it is likely suppliers will intend to use your data to refine their AI system, can also be helpful guidelines to keep in mind. Establishing these boundaries early helps clubs maintain control and ensure compliance with data protection legislation, while also mitigating the serious reputational and financial consequences that could flow from a data breach.

AI Technologies: How We Can help

The law on AI is still evolving – there is regulation at EU level that has the potential to be applicable to UK football clubs, though the legislative position in the UK is still emerging. Its precise impact remains unknown, and it shouldn’t be something of immediate concern, but an awareness now that changes in regulation and legislation may arrive will put you in a better position later down the line.

In the meantime, aligning on a club-wide strategy to guide its use, educating individuals of the risks of using AI systems and relying on their outputs as well as paying particular attention to supplier rights (and club obligations) in contracts is generally a good place to start. Our Sports Tech & Data team are here to help clubs navigate this complex and fast-moving space. Whether you’re exploring AI procurement, drafting governance policies, or reviewing supplier agreements, we’re ready to support you with tailored, practical advice. Please do not hesitate to get in touch.