1. A. In this section, "official league data" means statistics, results, outcomes, and other data relating to a professional sports event obtained by a permit holder under an agreement with a sports governing body or with an entity expressly authorized by a sports governing body for determining the outcome of a bet placed after the sporting event has started.
2. B. Unless a sports governing body, pursuant to this section, has requested that permit holders use official league data to settle bets, a permit holder may use any lawful data source for determining the result of a wager. A permit holder shall not purchase or use any personal biometric data unless the permit holder has received written permission from the athlete.
3. C. A permit holder shall report to the director the data source that it uses to resolve sports wagers. The director may disapprove of a data source for any reason, including the type of wager and method of data collection.
4. D. A sports governing body may submit a request to the director in the form and format required by the director to require permit holders to use official league data to settle those bets placed after a sporting event has started.
5. E. Within 60 days after notification from the director to do so, permit holders shall use only official league data to determine the results of bets placed after a sporting event has started.

6. F. Subsection E of this section shall not apply if:

   1. 1. The sports governing body is unable to provide, on commercially reasonable terms as determined by the director, a feed of official league data; or

   2. 2. A permit holder demonstrates to the director that a sports governing body has not provided or offered to provide a feed of official league data to the permit holder on commercially reasonable terms, by providing the director with sufficient information to show:

      1. a. The availability of a sports governing body's official league data for such bets from more than one authorized source;
      2. b. Market information regarding the purchase, in Virginia and in other states, by permit holders of data from all authorized sources;
      3. c. The nature and quantity of the data, including the quality and complexity of the process used for collecting the data; and
      4. d. Any other information the director requires.
7. G. While the director is considering whether official league data is available on commercially reasonable terms pursuant to this section, a permit holder may use any lawful data source for determining the results of bets placed after a sporting event has started, unless otherwise determined by the director.

Statutory Authority

§§ 58.1-4007, 58.1-4015.1, and 58.1-4030 through 58.1-4047 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 4, eff. October 12, 2020.