Take-Aways (AI)
- Associations may not pass on personal data without the consent of the members concerned.
- The sports association intended to sell club data for marketing purposes.
- The association has been instructed to inform clubs about the legal situation and not to use data that has already been transmitted.
- Obtaining consent can be outsourced to the association by the association.
A Swiss sports federation requested a list of all club members from its member clubs. The data was to be sold for marketing purposes. Several clubs asked us whether the corresponding procedure was correct and whether they could forward the personal data. We explained to them that they would need the consent of the persons concerned to pass on the data, and asked the association to inform the clubs of this legal situation and not to use any data that had already been supplied under any circumstances. However, the association could transfer the task of obtaining the consent of the individual members to the federation as part of an outsourcing arrangement.