Les Mills
Les Mills
Les Mills
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 This new General Data Protection Regulation (or GDPR), replaces the outdated data protection laws that have been in place since 1995 and, from 2018, will apply to all businesses that process in any way the data of EU citizens.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. [email protected]

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
HCM people

Martin Seibold

CEO Life Fit Group
Gathering existing, strong brands under one roof to create the new Life Fit Group made perfect sense
People
Human beings were designed to run, jump, lift and carry things. Unfortunately, society has evolved in a way that promotes a sedentary lifestyle, which is creating massive physical, emotional and mental dysfunction on a global scale
People
HCM people

Andrew Grill

Practical Futurist
Your marketing department will have to start writing ad copy for robots, not for humans. These digital agents will be gatekeepers, a bit like a PA. It’s already happening, so get ahead and start using it
Features
Supplier showcase
Fitness expert, Matt Roberts, has chosen Pavigym’s PRAMA system to create an immersive, personalised workout experience at his new gym at The Langley hotel in Berkshire
Features
feature
Power Plate is launching a trade in, trade up programme, explains Davide Ferreira
Features
IHRSA Update
The global health and fitness markets reached an all-time high in terms of memberships in 2018. IHRSA’s Melissa Rodriguez highlights the topline numbers for HCM
Features
feature
EMS training is having a major impact on the studio and gym market and being used by athletes, celebrities and also for rehabilitation. We talk to a select group of studio owners to hear how they’re maximising the versatility of this type of training
Features
fitness-kit.net
Lauren Heath-Jones rounds up the latest product launches in health and fitness
Features
Fitness foresight
We know trends like wearables, HIIT training and functional fitness are hot, but what’s coming down the track? Liz Terry looks further ahead for the latest edition of HCM’s Fitness Foresight
Features
India
Partnering with established local chain, Talwalkars, David Lloyd Leisure is set to take its luxury, family-oriented clubs to India, with the first location opening in Pune this summer. Steph Eaves spoke to Bruce Gardner and Prashant Talwalkar to find out more
Features
Latest News
Boutique fitness franchise Spenga has opened two new locations as it looks to ramp up ...
Latest News
Fitness franchise Fit Body Boot Camp has revealed that it has more than 200 new ...
Latest News
DW Fitness First has launched its new Kit & Collect service, aimed at increasing secondary ...
Latest News
Teenagers' 'incessant' use of social media is radically reducing the time they spend sleeping and ...
Latest News
Wattbike has secured a deal to supply more than 30 Bupa Health Clinic sites across ...
Latest News
Fitness franchise YourZone45 has concluded a second round of funding, as it prepares to expand ...
Latest News
Leisure trust Active Nation has expanded its portfolio of budget gyms with the acquisition of ...
Latest News
Thousands of people at risk of Type 2 diabetes will be given digital support – ...
Job search
POST YOUR JOB
Featured supplier news
Featured supplier: Dyaco grows UK business with new headquarters and key appointment
Following a year of strong growth, leading fitness equipment provider Dyaco has moved to a new UK headquarters in Milton Keynes, marking a significant milestone for the company.
Featured supplier news
Featured supplier: Matrix strengthens Porsche partnership with new installs at performance centre
Porsche recognises that the most important component of any vehicle is the driver.
Opinion
promotion
As an industry, we still underestimate the power of a truly varied fitness regime - and the growing appetite for it, especially among emerging customer segments.
Opinion: Collaboration vs aggregation - what’s the difference?
Video Gallery
DFC: We do more...
DFC
DFC are a leading direct debit collection company, providing cash flow solutions to happy clients from all over the UK. Read more
More videos:
Company profiles
Company profile: EZ-Runner Systems Ltd
With over 600 clients worldwide in Spa, Golf, Health Club, Hotel and Kids Play Leisure, ...
Company profiles
Company profile: Proinsight Research Ltd
We take time at the outset to understand your unique customer journey. Then we work ...
Catalogue Gallery
Click on a catalogue to view it online
Directory
Skincare
Sothys: Skincare
Direct debit solutions
Harlands Group: Direct debit solutions
Management software
GymSales: Management software
Member access schemes
Move GB: Member access schemes
Whole body cryotherapy
Zimmer MedizinSysteme GmbH / icelab: Whole body cryotherapy
Architects/designers
Zynk Design Consultants: Architects/designers
Professional services
Deloitte UK: Professional services
Audio visual
Hutchison Technologies: Audio visual
Lockers/interior design
Fitlockers: Lockers/interior design
Fitness equipment
Physical Company Ltd: Fitness equipment
Property & Tenders
Diary dates
05-06 Sep 2019
TagusPark, Oeiras, Portugal
Diary dates
21-22 Sep 2019
Locations worldwide,
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. [email protected]

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
Boutique fitness franchise Spenga has opened two new locations as it looks to ramp up ...
Latest News
Fitness franchise Fit Body Boot Camp has revealed that it has more than 200 new ...
Latest News
DW Fitness First has launched its new Kit & Collect service, aimed at increasing secondary ...
Latest News
Teenagers' 'incessant' use of social media is radically reducing the time they spend sleeping and ...
Latest News
Wattbike has secured a deal to supply more than 30 Bupa Health Clinic sites across ...
Latest News
Fitness franchise YourZone45 has concluded a second round of funding, as it prepares to expand ...
Latest News
Leisure trust Active Nation has expanded its portfolio of budget gyms with the acquisition of ...
Latest News
Thousands of people at risk of Type 2 diabetes will be given digital support – ...
Latest News
New research has provided a possible explanation for the perceived decrease in endurance musculature as ...
Latest News
Ten Health and Fitness has opened its ninth studio in an office building in central ...
Latest News
German wellness operator Lanserhof has opened its first UK location at the historic Arts Club ...
Job search
POST YOUR JOB
Featured supplier news
Featured supplier: Dyaco grows UK business with new headquarters and key appointment
Following a year of strong growth, leading fitness equipment provider Dyaco has moved to a new UK headquarters in Milton Keynes, marking a significant milestone for the company.
Featured supplier news
Featured supplier: Matrix strengthens Porsche partnership with new installs at performance centre
Porsche recognises that the most important component of any vehicle is the driver.
Opinion
promotion
As an industry, we still underestimate the power of a truly varied fitness regime - and the growing appetite for it, especially among emerging customer segments.
Opinion: Collaboration vs aggregation - what’s the difference?
Video Gallery
DFC: We do more...
DFC
DFC are a leading direct debit collection company, providing cash flow solutions to happy clients from all over the UK. Read more
More videos:
Company profiles
Company profile: EZ-Runner Systems Ltd
With over 600 clients worldwide in Spa, Golf, Health Club, Hotel and Kids Play Leisure, ...
Company profiles
Company profile: Proinsight Research Ltd
We take time at the outset to understand your unique customer journey. Then we work ...
Catalogue Gallery
Click on a catalogue to view it online
Directory
Skincare
Sothys: Skincare
Direct debit solutions
Harlands Group: Direct debit solutions
Management software
GymSales: Management software
Member access schemes
Move GB: Member access schemes
Whole body cryotherapy
Zimmer MedizinSysteme GmbH / icelab: Whole body cryotherapy
Architects/designers
Zynk Design Consultants: Architects/designers
Professional services
Deloitte UK: Professional services
Audio visual
Hutchison Technologies: Audio visual
Lockers/interior design
Fitlockers: Lockers/interior design
Fitness equipment
Physical Company Ltd: Fitness equipment
Property & Tenders
Diary dates
05-06 Sep 2019
TagusPark, Oeiras, Portugal
Diary dates
21-22 Sep 2019
Locations worldwide,
Diary dates
Search news, features & products:
Find a supplier:
Les Mills
Les Mills