Legal Landscapes: Turkey – Sports Law

Emin Özkurt; Alp Tolga Arcan; Ozan Çabuk

Managing Partner; Associates, Özkurt Law Office


What is the current legal landscape for Sports Law in your jurisdiction?

Sports law has been gaining increasing importance in recent years in terms of regulating and supervising sports activities, as well as resolving disputes arising from them. In particular, the professionalization of the sports industry, the expansion of its economic scale, and the strengthening of its international character have made it necessary for disputes to be resolved through faster, more efficient, and more specialized mechanisms.

In this context, sports arbitration has emerged as an alternative dispute resolution method that has gained significance at both the national and international levels, especially where traditional judicial systems have proven inadequate. Similarly, in Turkey, sports arbitration has gradually become institutionalized and is now carried out through specific bodies.

The Turkish system of sports arbitration is based on two main institutions specialized in their respective fields. The first of these is the Arbitration Board of the Turkish Football Federation (TFF), which has jurisdiction exclusively over football-related disputes. Established under Law No. 5894 on the Establishment and Duties of the Turkish Football Federation, the TFF operates as an autonomous legal entity. The Arbitration Board within the TFF plays a decisive role in resolving disputes concerning player licenses, transfer procedures, disciplinary sanctions, and contractual issues. Its decisions are final and not subject to judicial review, which ensures rapid implementation but at times limits judicial oversight.

For sports disciplines other than football, arbitral authority rests with the Arbitration Board of the Directorate General of Sports (SGM) operating under the Ministry of Youth and Sports. Pursuant to Law No. 3289 on Youth and Sports Services, this board is responsible for resolving disputes among sports federations, athletes, coaches, and clubs. Appeals against the decisions of disciplinary and penal committees are reviewed and finalized by this board. However, the binding nature of its decisions and the absence of judicial review have occasionally been subjects of criticism.

E-sports (electronic sports), on the other hand, can be defined as a form of sport that is carried out digitally or online, either individually or in teams, at amateur or professional levels, and governed by its own specific rules. According to Article 4(f) of the Regulation on Athletes, Licensing, Registration, Visa, and Transfers issued by the Turkish E-Sports Federation, e-sports is defined as “any activity, whether online or offline, performed individually or in teams through an electronic device.” Similarly, disputes arising in relation to e-sports are also addressed through arbitration before the Arbitration Board of the Directorate General of Sports (SGM) within the Ministry of Youth and Sports.

What three essential pieces of advice would you give to clients involved in Sports Law matters?

As in all areas of contract law, my first piece of advice to clients involved in sports law proceedings would be to ensure that they clearly understand their contractual obligations and that the agreements they conclude include well-defined provisions on dispute resolution. Since sports law largely operates through contractual relationships between clubs and athletes, contracts lacking clear and explicit terms often lead to difficulties before national or international adjudicatory bodies when legal disputes arise.

Secondly, it is essential that contracts are concluded in compliance with the relevant legal framework, by following the applicable regulations and maintaining adherence to disciplinary and ethical standards, with the assistance of specialized legal professionals. By paying attention to anti-doping regulations, financial fair play principles, and personal data protection rules, it is possible to safeguard not only the interests of athletes and clubs but also the integrity of the entire sports ecosystem.

Finally, given the rapid pace of technological advancement, adapting quickly and staying up to date has become indispensable. As digital rights emerge and new areas of legal risk continue to develop, maintaining awareness of current technological and legal developments is crucial to ensure adequate protection and preparedness in the evolving sports landscape.

What are the greatest threats and opportunities in Sports Law law in the next 12 months?

The influence of technology and the economy on sports is undeniable. However, the legal uncertainties arising from data usage brought about by technology, combined with the economy’s near dominance over sports, have led to various disputes due to non-compliance with established rules. Rules that are not enforced on a legal basis necessitate the regulation of criminal and legal responsibilities.

In the next 12 months, one of the greatest threats facing sports will be issues related to violence and disorder in sports, which naturally stem from the inherent competitiveness of sport on a global scale. Measures addressing these issues are regulated and safeguarded under Law No. 6222. Starting from Article 11 of this law, potential situations that may arise in sports have been enumerated and sanctioned. This demonstrates that wherever there is a need for regulation, there is also a perceived necessity to take precautions against potential threats.

Rules that must be followed in competitions and stadiums have been established. The creation of a sporting atmosphere grounded in respect for ethical values and the principles of fair competition has made it essential—both for the coming year and throughout history—to take precautions against existing threats. Nevertheless, the lack of a clear and explicit provision on discrimination within this law, in order to ensure respect for human rights, may be concerning in terms of maintaining universal harmony in sports. Discrimination in sports—ranging from the mildest to the most severe forms—is a highly probable occurrence. Regulating this issue to prevent hate speech in sports would help ensure that all parties and communities can participate in sport on an equal footing.

In terms of opportunities, technology—just as it accelerates developments and broadens scope in many other areas—has a significant impact on sports as well. The best example of this is esports. The recognition of e-sports as a legitimate sport has created new professional opportunities, and the protection of e-athletes’ rights within the framework of federations will continue to progress in the future.

In addition to all this, introducing new regulations for female athletes—particularly those aimed at upholding their rights under the principle of equal pay—will pave the way for ensuring gender equality in sports. Encouraging sports participation among women and young people, and safeguarding their material and moral rights in the coming period, should remain a key focus for sports federations.

How do you ensure high client satisfaction levels are maintained by your practice?

Since sports law is a newly developing and continuously evolving branch of law, it naturally brings along new administrative and legislative regulations. Consequently, due to these emerging regulations, encountering complex situations within the field of sports law has become quite likely. Therefore, what matters most is, first and foremost, identifying the issue and then striving to find a quick and accurate solution to the problem identified.

In sports law, nearly half of the process involves finding prompt solutions to legal disputes. The most crucial aspect of ensuring client satisfaction lies in providing legal solutions that are both swift and accurate. As the field develops rapidly and the incidents giving rise to disputes often evolve instantaneously, the timeframes within which one must return to clients with a solution are also shortened. For this reason, to prevent potentially damaging situations, it is often necessary to work tirelessly, day and night.

For instance, football law constitutes a significant area within sports law, where we represent key clients competing in European tournaments. For these clients involved in FIFA-related disputes, establishing and maintaining professional networks is of great importance. To achieve a high level of client satisfaction, it is not only challenging but also essential to expand our network while building strong relationships and trustworthy connections with our growing client base. These efforts ultimately lead us to successful outcomes.

What technological advancements are reshaping Sports Law and how can clients benefit from them?

In recent years, rapid technological innovation has transformed not only athletic performance and fan engagement but also the legal frameworks that govern the sports industry.

The first technological advancement that immediately comes to mind is artificial intelligence (AI), which can be used as a useful tool in areas including match analysis, disciplinary procedures, and fan safety for federations and clubs, as well as in areas like performance and injury analysis, customised training plans, and doping controls for athletes. AI’s capacity to identify anomalies provides a substantial edge in doping regulations; nonetheless, improper use of this information may unjustly harm athletes’ careers. Thus, rather than being a decisionmaker, AI must to be viewed as a supporting mechanism.

The business landscape of football is evolving due to blockchain technology and digital assets, enhancing transparency and creating new income opportunities. Now that player transfers, image rights, and sponsorship agreements can be safely documented on blockchain, fraud may be decreased and smart contracts can be used to provide automated payments when performance requirements are satisfied. In order to increase fan interaction and make money, teams are also utilising NFTs, fan tokens, and metaverse platforms.

While these advancements raise legal issues regarding consumer protection, financial oversight and intellectual property rights, they also offer innovative, effective, and compliant opportunities to sports clubs and athletes when arranged correctly.

Technological advancements are fundamentally transforming the way electronic evidence is utilized and evaluated in CAS cases. In instances of doping, performance evaluations, and contract conflicts, technologies such as blockchain, AI, cloud computing and data analysis are vital for collecting, storing and assessing evidence.

However, these advancements raise concerns regarding aspects such as legality, truthfulness, and oversight. Additionally, disparities in the parties’ access to digital technologies could compromise the idea of “equality of arms.” Therefore, in order to remove technical imbalances and guarantee that electronic evidence is reviewed properly, CAS continues to work to secure digital justice by providing the parties with expert guidance and technical help.