Hussle (formerly PayAsUGym)
Hussle (formerly PayAsUGym)
Hussle (formerly PayAsUGym)
Health Club Management

Health Club Management

Follow Health Club Management on Twitter Like Health Club Management on Facebook Join the discussion with Health Club Management on LinkedIn Follow Health Club Management on Instagram
UNITING THE WORLD OF FITNESS
Get the latest news, jobs and features in your inbox
Health Club Management

Health Club Management

features

LEGAL BRIEFING: Customers will soon be able to ask gyms to transfer their personal data to a competitor

From 2018, individuals will be able to tell their gym to hand their personal data directly to a competitor’s club, without storage of that data. Tom Walker secures a free legal briefing on this change in law

By Tom Walker, Sports Management | Published in Health Club Management 2016 issue 5
Consumers are already used to being able to take their personal workout data with them / shutterstock
Consumers are already used to being able to take their personal workout data with them/ shutterstock

New data protection rules, introduced by the European Commission and coming into force in 2018, could have a big impact on health and fitness businesses.

One of the key items in the regulations involves the transferring of personal, portable data. It stipulates that individuals have the right to have their personal data transferred from one business to another on request, and without storage/processing.

In practice, this means that a health club user who has given over personal information can have that data wholly and safely transferred to a new health club on their request.

We speak to data and sports law firm Couchmans, as well as health and fitness industry experts, on the potential effects of the new legislation.

THE LEGAL BRIEFING

Nick White
Nick White
Nick White,

Head of IP and digital,

Couchmans LLP


With smart technology on the rise, many businesses, including gyms and leisure facilities, are now harvesting vast quantities of data from customers – something that can benefit both customers and businesses. However, new European data protection rules could potentially necessitate a wholesale review of data policies.

In December 2015, the European Parliament, Commission and Council announced new legislation governing data protection. This new General Data Protection Regulation (or GDPR), replaces the outdated data protection laws that have been in place since 1995 and, from 2018, will apply to all businesses that process in any way the data of EU citizens.

Data portability
One of the key elements of the new rules is the right of ‘data portability’. Essentially, this means individuals will have the right – albeit a limited right – to require a business to transfer personal data directly to another business, even where that other business is a competitor.

Gyms, for example, hold individual details such as name, address, contact details, date of birth and bank details. They might also hold data on customers’ weight, height and limited medical information, and possibly even details of the kinds of activity they want to do or the results they want to achieve. The gym may hold other data too, including dates and times of all the customer’s visits and, potentially, detailed exercise plans produced with a PT.

All of this is personal data – but, importantly, not all of it is portable data in the legal sense. Any data not actually provided by the individual to the gym – which would potentially include any exercise plans and usage logs – would be exempt from the portability rule. It will, however, still be covered by the less potent ‘right of access’, which will only require the operator to provide the data to the customer, on request, in electronic format – without the obligation to provide the data direct to another business.

So, the customer’s right to data portability only applies to data that he or she has actually provided to the data controller – in this case the gym.

The customer will have the right to demand that this data be transmitted directly to another operator should they decide to switch gyms.

The legislation does provide that this obligation will only be imposed where such transmissions are ‘technically feasible’, but what this will mean in practice is far from clear at present. The guidance on this should be forthcoming.

New technology
The GDPR also requires a privacy impact assessment (PIA) to be carried out where the introduction of a new process or technology is likely to cause a high risk to personal rights or freedoms. As more fitness operators introduce wearables and other connected devices, they will have to consider carefully whether they first need to conduct a PIA.

The key message for gyms and leisure facilities is that they must endeavour to understand the types of personal data they process, and what regulations currently, and will shortly, apply. There’s no need to worry unduly but, as 2018’s implementation date draws closer, operators should begin to plan now.

"Gyms must endeavour to understand the types of personal data they process, and what regulations apply"

WHAT DOES THIS MEAN FOR GYMS?

Tom Withers
Tom Withers
Tom Withers ,

Managing director ,

Gladstone Health and Leisure


This new legislation is not unexpected. In today’s digital age, consumers are increasingly dependent on their data being passed seamlessly from one business to another, in everything from utilities to banking.

The GDPR extends beyond data portability; it also enshrines the customer’s right to be forgotten. In future, when businesses ask people to share personal details, there will be new rules for obtaining valid consent that will require simple wording and an expiry date. Neither silence nor inactivity will be construed as consent. Depending on the volume of data held, it may be necessary for a company to employ a data protection officer. Clearly, the implications are far-reaching.

At Gladstone, we’re more prepared than most. Data in our membership management systems can already be purged for customers who are no longer active. Consent is actively sought in online joining applications. Bank details can be removed automatically as part of an automated cancellation process. And we already have tools that allow data to be called securely from a database in order to be transferred to a third party.  

Of note on the issue of portability is the proviso that portability should be provided where it is ‘technically feasible’. Gladstone can call and receive data, but transferring it to other businesses would require other systems to be capable of doing the same, and to share a common leisure industry framework. We’re confident that we’ll be able to leverage our software to meet the requirements of the regulations.

"Transferring data to other businesses will require a common leisure industry framework"

Gladstone already actively seeks consent in online joining applications / PHOTO: SHUTTERSTOCK.COM
Gladstone already actively seeks consent in online joining applications / PHOTO: SHUTTERSTOCK.COM

Jon Johnston,

Managing director,

Matrix

Jon Johnston
Jon Johnston

Data security is an increasingly big issue. A lot of emphasis is placed on hacked data, but it’s also important for consumers to be protected from businesses trading in their data without adequate protection.

In terms of portability of data, it makes sense to me that a consumer will want to take their personal workout stats with them. A lot of consumer data is now shared between apps anyway – with consumer consent – so it’s natural to want to be able to port data between operators.

Some products are already independent of operators or equipment suppliers, like MyFitnessPal and Netpulse, so it can be relatively easy to move from one connected facility to another and keep continuity. Obviously some operators and suppliers are less open, but I don’t see data portability being a big problem.

"A lot of consumer data is shared between apps anyway, so it’s natural to want to port data between operators" - Jon Johnston

Ben Beevers,

Associate director ,

Everyone Active

Ben Beevers
Ben Beevers

The last five to 10 years have become increasingly data-intensive in delivering services to customers and understanding their behaviours and preferences. It allows us to communicate with them effectively and support their activity.

We work with a data consultancy to ensure our systems are robust and effective, and we’re well placed for these changes in legislation. We believe we already comply with the GDPR principles of transparency for the customer about processing and accountability of data controllers and processors. We have clear privacy policies, data collection statements and measures in place to protect customers’ data. We make these as accessible as possible and detail in simple terms how their data will be managed.

Perhaps the biggest challenges for our industry will lie in obtaining the ‘unambiguous consent’ that the new regulation requires. This could mean the industry gets better at communicating with customers by using less, but better targeted, interaction.

The requirement for data portability could be tricky for complex data. The measure is designed to help customers account-switch, but as there’s no obligation to provide the data in a consistent format, data from one gym provider may not be compatible with the systems of another.

WANT TO KNOW MORE?

For more information on the new data protection regulations, contact Nick White, partner at specialist sports law firm Couchmans LLP – www.couchmansllp.com

White advises sports personalities including Mo Farah, Sir Chris Hoy and Sir Clive Woodward, governing bodies including FIFA, the International Tennis Federation and Basketball England and brands such as Rapha and Skins. nick.white@couchmansllp.com

http://www.leisureopportunities.com/images/491295_352051.jpg
Customers will soon be able to ask businesses to transfer their personal data to a competitor. Make sure you're ready for the new legislation
People
As clubs with swimming pools and health and beauty facilities, the low cost model wasn’t going to work for us, but the clubs weren’t as high-end as David Lloyd clubs either. Our first intervention was to win over the staff and encourage them to act as though it was a high-end club
People
WHIS is a preventative healthcare platform, which empowers people to improve their health and wellbeing by facilitating community engagement
People
Much of the fitness industry branding is based on a no pain, no gain philosophy, but we didn’t want to present Rabble like that, even though a session is ridiculously tiring!
Features
Statistics
While Sweden (21.6 per cent) and Norway (21.4 per cent) have the highest ratios of fitness club members relative to the total population, Ukraine (2.9 per cent) and Turkey (2.6 per cent) have low penetration rates, which could indicate potential for growth
Features
Retention
Are you optimising HIIT for your members, or are they put off by the pain? Abigail Harris looks at research into ways to better support members towards a positive outcome
Features
HCM Celebs
In the name of work, Australian actor Chris Hemsworth has undergone impressive physical transformations for film roles such as Thor in The Avengers and Marvel films. Inspired by the public’s interest in his workouts, he’s now created a health and fitness app called Centr that utilises the expertise of his team of world-class experts
Features
Flooring
With the increase in popularity of functional training, the floor is increasingly becoming a piece of equipment in itself. Kath Hudson investigates
Features
Retention
There’s no one thing that will fix your member retention, but clarity of mission, a strong culture and an eye for data will drive significant change. Kate Cracknell reports from this year’s Retention Convention
Features
Innovation
Silicon Valley hacker Dave Asprey used his tech skills to gather the latest fitness kit to create a bio hacking boutique. Kath Hudson investigates cusapero
Features
Active ageing
The older people get, the more likely they are to have a long term health condition. But getting ill is not an inevitable consequence of getting older, so targeting the over 50s market could bring about multiple wins. Kath Hudson reports
Features
HCM Celebs
Being a touring musician can be tough on your wellbeing, so country music star, Tim McGraw, developed his own workouts to stay fit. Now he’s collaborating with Snap to launch a gym brand
Features
Strength
Do you need strength training kit that fits a smaller space? Julie Fisher takes a look at the options
Features
Analysis
Features
Software
New technology is transforming the way the health and fitness industry functions and interacts with customers. Liz Terry catches up with operators around the industry for an update
Features
Promotional Feature
Promotional feature
Legend announces the industry’s first open leisure management platform for all 2,000 of its clients
Latest News
Women's fashion magazine Stylist has entered the fitness market by opening a female-only boutique studio ...
Latest News
Creating opportunities for older people to get physically active represents a major driver for growth ...
Latest News
Australian fitness franchise F45 has secured deals to open sites in emerging markets across the ...
Latest News
The Bannatyne Group has completed a £750,000 redevelopment of its latest acquisition, the historic Cookridge ...
Latest News
Corporate fitness sales specialist Gympass has secured additional financial backing believed to be around US$300m ...
Latest News
Three-time National Basketball Association (NBA) Champion Draymond Green has opened his first Blink Fitness gym ...
Latest News
Ukactive has set out on a membership consultation, asking for views on how the not-for-profit ...
Latest News
Northumbria University (NU) has set out to uncover in detail the important role that structured ...
Job search
POST YOUR JOB
Featured supplier news
Featured supplier: Crown overhaul changing rooms at Saunton Sands spa
Saunton Sands Hotel in Devon, UK, has completed a £2m expansion of its spa and wellness facilities.
Featured supplier news
Featured supplier: Variety and flexibility for the customer is the key to retention, says MoveGB
What really drives customer retention in 2019? Is it proactive customer care? Frequency of attendance? Added value provision? Community building? Across the industry, debate on this topic never stops. And neither does market change.
Opinion
promotion
Member retention is a growing problem for long-established gym chains, who are battling the growing budget and boutique gym market.
Opinion: Are you trying to beat budget gyms at their own game?
Video Gallery
TRX MAPS
TRX Training
TRX MAPS completes body movement assessments in just 30 seconds to help trainers develop personalized fitness plans and goals for members. Read more
More videos:
Company profiles
Company profile: Core Health & Fitness
Core Health & Fitness is the world’s largest privately-held marketer and distributor of commercial fitness ...
Company profiles
Company profile: Merrithew™ - Leaders in Mindful Movement™
Merrithew™ enriches the lives of others with responsible exercise modalities and innovative, multidisciplinary fitness offerings ...
Catalogue Gallery
Click on a catalogue to view it online
Directory
Professional services
Deloitte UK: Professional services
Trade associations
International SPA Association - iSPA: Trade associations
Skincare
Sothys: Skincare
Management software
GymSales: Management software
Flooring
Total Vibration Solutions Ltd: Flooring
Member access schemes
Move GB: Member access schemes
Lockers/interior design
Craftsman Quality Lockers Ltd: Lockers/interior design
Audio visual
Hutchison Technologies: Audio visual
Governing body
EMD UK: Governing body
Whole body cryotherapy
Zimmer MedizinSysteme GmbH / icelab: Whole body cryotherapy
Property & Tenders
Will to Win
Property & Tenders
Diary dates
26-27 Jun 2019
Villa Park, Birmingham, United Kingdom
Diary dates
06-07 Jul 2019
Monte-Carlo, Monaco
Diary dates

features

LEGAL BRIEFING: Customers will soon be able to ask gyms to transfer their personal data to a competitor

From 2018, individuals will be able to tell their gym to hand their personal data directly to a competitor’s club, without storage of that data. Tom Walker secures a free legal briefing on this change in law

By Tom Walker, Sports Management | Published in Health Club Management 2016 issue 5
Consumers are already used to being able to take their personal workout data with them / shutterstock
Consumers are already used to being able to take their personal workout data with them/ shutterstock

New data protection rules, introduced by the European Commission and coming into force in 2018, could have a big impact on health and fitness businesses.

One of the key items in the regulations involves the transferring of personal, portable data. It stipulates that individuals have the right to have their personal data transferred from one business to another on request, and without storage/processing.

In practice, this means that a health club user who has given over personal information can have that data wholly and safely transferred to a new health club on their request.

We speak to data and sports law firm Couchmans, as well as health and fitness industry experts, on the potential effects of the new legislation.

THE LEGAL BRIEFING

Nick White
Nick White
Nick White,

Head of IP and digital,

Couchmans LLP


With smart technology on the rise, many businesses, including gyms and leisure facilities, are now harvesting vast quantities of data from customers – something that can benefit both customers and businesses. However, new European data protection rules could potentially necessitate a wholesale review of data policies.

In December 2015, the European Parliament, Commission and Council announced new legislation governing data protection. This new General Data Protection Regulation (or GDPR), replaces the outdated data protection laws that have been in place since 1995 and, from 2018, will apply to all businesses that process in any way the data of EU citizens.

Data portability
One of the key elements of the new rules is the right of ‘data portability’. Essentially, this means individuals will have the right – albeit a limited right – to require a business to transfer personal data directly to another business, even where that other business is a competitor.

Gyms, for example, hold individual details such as name, address, contact details, date of birth and bank details. They might also hold data on customers’ weight, height and limited medical information, and possibly even details of the kinds of activity they want to do or the results they want to achieve. The gym may hold other data too, including dates and times of all the customer’s visits and, potentially, detailed exercise plans produced with a PT.

All of this is personal data – but, importantly, not all of it is portable data in the legal sense. Any data not actually provided by the individual to the gym – which would potentially include any exercise plans and usage logs – would be exempt from the portability rule. It will, however, still be covered by the less potent ‘right of access’, which will only require the operator to provide the data to the customer, on request, in electronic format – without the obligation to provide the data direct to another business.

So, the customer’s right to data portability only applies to data that he or she has actually provided to the data controller – in this case the gym.

The customer will have the right to demand that this data be transmitted directly to another operator should they decide to switch gyms.

The legislation does provide that this obligation will only be imposed where such transmissions are ‘technically feasible’, but what this will mean in practice is far from clear at present. The guidance on this should be forthcoming.

New technology
The GDPR also requires a privacy impact assessment (PIA) to be carried out where the introduction of a new process or technology is likely to cause a high risk to personal rights or freedoms. As more fitness operators introduce wearables and other connected devices, they will have to consider carefully whether they first need to conduct a PIA.

The key message for gyms and leisure facilities is that they must endeavour to understand the types of personal data they process, and what regulations currently, and will shortly, apply. There’s no need to worry unduly but, as 2018’s implementation date draws closer, operators should begin to plan now.

"Gyms must endeavour to understand the types of personal data they process, and what regulations apply"

WHAT DOES THIS MEAN FOR GYMS?

Tom Withers
Tom Withers
Tom Withers ,

Managing director ,

Gladstone Health and Leisure


This new legislation is not unexpected. In today’s digital age, consumers are increasingly dependent on their data being passed seamlessly from one business to another, in everything from utilities to banking.

The GDPR extends beyond data portability; it also enshrines the customer’s right to be forgotten. In future, when businesses ask people to share personal details, there will be new rules for obtaining valid consent that will require simple wording and an expiry date. Neither silence nor inactivity will be construed as consent. Depending on the volume of data held, it may be necessary for a company to employ a data protection officer. Clearly, the implications are far-reaching.

At Gladstone, we’re more prepared than most. Data in our membership management systems can already be purged for customers who are no longer active. Consent is actively sought in online joining applications. Bank details can be removed automatically as part of an automated cancellation process. And we already have tools that allow data to be called securely from a database in order to be transferred to a third party.  

Of note on the issue of portability is the proviso that portability should be provided where it is ‘technically feasible’. Gladstone can call and receive data, but transferring it to other businesses would require other systems to be capable of doing the same, and to share a common leisure industry framework. We’re confident that we’ll be able to leverage our software to meet the requirements of the regulations.

"Transferring data to other businesses will require a common leisure industry framework"

Gladstone already actively seeks consent in online joining applications / PHOTO: SHUTTERSTOCK.COM
Gladstone already actively seeks consent in online joining applications / PHOTO: SHUTTERSTOCK.COM

Jon Johnston,

Managing director,

Matrix

Jon Johnston
Jon Johnston

Data security is an increasingly big issue. A lot of emphasis is placed on hacked data, but it’s also important for consumers to be protected from businesses trading in their data without adequate protection.

In terms of portability of data, it makes sense to me that a consumer will want to take their personal workout stats with them. A lot of consumer data is now shared between apps anyway – with consumer consent – so it’s natural to want to be able to port data between operators.

Some products are already independent of operators or equipment suppliers, like MyFitnessPal and Netpulse, so it can be relatively easy to move from one connected facility to another and keep continuity. Obviously some operators and suppliers are less open, but I don’t see data portability being a big problem.

"A lot of consumer data is shared between apps anyway, so it’s natural to want to port data between operators" - Jon Johnston

Ben Beevers,

Associate director ,

Everyone Active

Ben Beevers
Ben Beevers

The last five to 10 years have become increasingly data-intensive in delivering services to customers and understanding their behaviours and preferences. It allows us to communicate with them effectively and support their activity.

We work with a data consultancy to ensure our systems are robust and effective, and we’re well placed for these changes in legislation. We believe we already comply with the GDPR principles of transparency for the customer about processing and accountability of data controllers and processors. We have clear privacy policies, data collection statements and measures in place to protect customers’ data. We make these as accessible as possible and detail in simple terms how their data will be managed.

Perhaps the biggest challenges for our industry will lie in obtaining the ‘unambiguous consent’ that the new regulation requires. This could mean the industry gets better at communicating with customers by using less, but better targeted, interaction.

The requirement for data portability could be tricky for complex data. The measure is designed to help customers account-switch, but as there’s no obligation to provide the data in a consistent format, data from one gym provider may not be compatible with the systems of another.

WANT TO KNOW MORE?

For more information on the new data protection regulations, contact Nick White, partner at specialist sports law firm Couchmans LLP – www.couchmansllp.com

White advises sports personalities including Mo Farah, Sir Chris Hoy and Sir Clive Woodward, governing bodies including FIFA, the International Tennis Federation and Basketball England and brands such as Rapha and Skins. nick.white@couchmansllp.com

http://www.leisureopportunities.com/images/491295_352051.jpg
Customers will soon be able to ask businesses to transfer their personal data to a competitor. Make sure you're ready for the new legislation
Latest News
Women's fashion magazine Stylist has entered the fitness market by opening a female-only boutique studio ...
Latest News
Creating opportunities for older people to get physically active represents a major driver for growth ...
Latest News
Australian fitness franchise F45 has secured deals to open sites in emerging markets across the ...
Latest News
The Bannatyne Group has completed a £750,000 redevelopment of its latest acquisition, the historic Cookridge ...
Latest News
Corporate fitness sales specialist Gympass has secured additional financial backing believed to be around US$300m ...
Latest News
Three-time National Basketball Association (NBA) Champion Draymond Green has opened his first Blink Fitness gym ...
Latest News
Ukactive has set out on a membership consultation, asking for views on how the not-for-profit ...
Latest News
Northumbria University (NU) has set out to uncover in detail the important role that structured ...
Latest News
A majority of mothers do not exercise because it makes them feel guilty about not ...
Latest News
Fitness giant Les Mills has launched three new studio spaces at its iconic Auckland City ...
Latest News
Wellness industry technology platform Mindbody has appointed Phil Coxon as managing director of Mindbody Europe. ...
Job search
POST YOUR JOB
Featured supplier news
Featured supplier: Crown overhaul changing rooms at Saunton Sands spa
Saunton Sands Hotel in Devon, UK, has completed a £2m expansion of its spa and wellness facilities.
Featured supplier news
Featured supplier: Variety and flexibility for the customer is the key to retention, says MoveGB
What really drives customer retention in 2019? Is it proactive customer care? Frequency of attendance? Added value provision? Community building? Across the industry, debate on this topic never stops. And neither does market change.
Opinion
promotion
Member retention is a growing problem for long-established gym chains, who are battling the growing budget and boutique gym market.
Opinion: Are you trying to beat budget gyms at their own game?
Video Gallery
TRX MAPS
TRX Training
TRX MAPS completes body movement assessments in just 30 seconds to help trainers develop personalized fitness plans and goals for members. Read more
More videos:
Company profiles
Company profile: Core Health & Fitness
Core Health & Fitness is the world’s largest privately-held marketer and distributor of commercial fitness ...
Company profiles
Company profile: Merrithew™ - Leaders in Mindful Movement™
Merrithew™ enriches the lives of others with responsible exercise modalities and innovative, multidisciplinary fitness offerings ...
Catalogue Gallery
Click on a catalogue to view it online
Directory
Professional services
Deloitte UK: Professional services
Trade associations
International SPA Association - iSPA: Trade associations
Skincare
Sothys: Skincare
Management software
GymSales: Management software
Flooring
Total Vibration Solutions Ltd: Flooring
Member access schemes
Move GB: Member access schemes
Lockers/interior design
Craftsman Quality Lockers Ltd: Lockers/interior design
Audio visual
Hutchison Technologies: Audio visual
Governing body
EMD UK: Governing body
Whole body cryotherapy
Zimmer MedizinSysteme GmbH / icelab: Whole body cryotherapy
Property & Tenders
Will to Win
Property & Tenders
Diary dates
26-27 Jun 2019
Villa Park, Birmingham, United Kingdom
Diary dates
06-07 Jul 2019
Monte-Carlo, Monaco
Diary dates
Search news & features:
Find a supplier:
Hussle (formerly PayAsUGym)
Hussle (formerly PayAsUGym)