FIFA Football Agents Regulations

Overview

In 2023, FIFA introduced the FIFA Football Agents Regulations (FFAR), establishing a new regulatory framework for football agents worldwide.

The regulations introduced a licensing regime for football agents, prohibited certain conflicts of interest, implemented a service fee cap and sought to strengthen transparency and professionalism across the football transfer system. The framework was also designed to support the broader objectives of maintaining integrity and stability within professional football.

Following the introduction of the regulations, a number of legal challenges were brought across Europe, culminating in proceedings before the Court of Justice of the European Union.

The Challenge

The FFAR faced extensive legal scrutiny from football agents and agencies, with challenges brought before courts in several European jurisdictions.

One of the most significant cases, brought by RRC Sports before the German courts, was referred to the Court of Justice of the European Union for a preliminary ruling. The proceedings raised important questions concerning the compatibility of the regulations with EU competition law, the free movement provisions of the Treaty and data protection legislation.

At issue were fundamental aspects of the regulatory framework, including FIFA’s authority to regulate football agents, the introduction of a licensing system, restrictions on conflicts of interest, the service fee cap and transparency requirements.

The Approach

Benoît Keane advised FIFA during the development of the FIFA Football Agents Regulations, providing specialist advice on the application of European Union and competition law.

Following the legal challenge, he represented FIFA before the Court of Justice of the European Union, acting as co-counsel alongside Ashurst, Perkins Coie and Hengeler Mueller.

As part of the proceedings, Benoît contributed to the legal strategy, assisted in the preparation of submissions and appeared before the Court at the oral hearing, responding directly to questions from the judges.

The Outcome

In a landmark judgment, the Court of Justice recognised FIFA’s ability to regulate football agents through a licensing regime and confirmed that several core elements of the regulations pursue legitimate objectives.

The Court found that:

• FIFA is entitled to regulate football agents through a licensing system.
• Conflict of interest rules are necessary to protect players and clubs from unethical conduct.
• The service fee cap is capable of complying with EU competition law because it operates as a dynamic mechanism rather than imposing an absolute limit on earnings.
• The client pays rule serves the legitimate objective of ensuring that agents act in the interests of the player.
• The disclosure and publication requirements are, in principle, compatible with EU data protection law by supporting transparency within the football industry.

The judgment represented an important milestone in FIFA’s efforts to modernise football regulation while ensuring compliance with European law.