NFL Collective Bargaining Agreement

Article 39
Players’ Rights To Medical Care and Treatment

Section 13(f)
Sleep Studies

For purposes of this Section “Sleep Studies” shall mean any effort to test, monitor, observe, analyze or collect information on or in connection with the sleep activity of an NFL player or players, without limitation, through the use of wearable sleep trackers and any future iterations thereof. This Section does not and is not intended to affect a Club physician’s ability to order sleep testing of an individual player when clinically indicated (e.g., to determine if such player is suffering from a medical condition, such as sleep apnea). The Parties hereby agree that NFL Clubs may perform Sleep Studies, subject to the following limitations:

(f)

Information arising from a Sleep Study and transferred to the Club shall not be used by the Club or any third-party for any purpose other than supporting player health and/or performance through improving sleep habits. If a player consents to transfer data to his Club, the receiving Club shall not transfer player data to the NFL, any other NFL Club, or other third-party. Any and all data/information collected during a Sleep Study must remain separate from and not be entered into or used in connection with a player’s electronic medical record. Clubs must have policies in place that ensure the confidentiality, privacy, and security of any and all data/information collected during Sleep Studies. Clubs must ensure that all those involved, directly or indirectly, in a Sleep Study take all appropriate steps to protect personally identifiable information of the player participants from disclosure and ensure compliance with all applicable laws. No data/information collected during a Sleep Study may be sold or transferred to third parties.