When you use DraftKings' contact importer tool to find or invite friends, DraftKings places the responsibility on you to have obtained any legally required consents from those contacts before their information is uploaded to DraftKings.
This analysis describes what DraftKings's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision shifts the legal burden of third-party consent to the user rather than retaining it with DraftKings as the data controller, which may be inconsistent with how data controller obligations are treated under GDPR, PIPEDA, and some U.S. state privacy frameworks.
Interpretive note: The enforceability of the consent delegation to users varies significantly by jurisdiction; in EU/EEA and Canadian contexts, this structure likely does not satisfy data controller accountability obligations.
If you use the contact importer feature, DraftKings collects the names, email addresses, phone numbers, and locations of people in your address book who have not consented to this. Your contacts may not know their information has been uploaded unless they proactively contact DraftKings to request deletion.
How other platforms handle this
YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.
The Service is not directed to children under the age of 16. If you are under the age of 16, you may only use the Service with the involvement and consent of a parent or guardian. If you are a parent or guardian and you are aware that your child has provided us with personal information without your...
The Service is not directed to children under the age of 13. If you are under 13 years of age, please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age and without v...
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"We rely upon you to obtain any consents from your friends and contacts that may be required by law to allow us to access, upload, and use their personal information for this purpose. You or your friends or contacts may reach us at privacy@draftkings.com to request the removal of this information from our database.— Excerpt from DraftKings's DraftKings Privacy Policy
REGULATORY LANDSCAPE: This provision engages GDPR Articles 6 and 7 (lawful basis and conditions for consent) and PIPEDA's accountability principle, both of which generally place data controller responsibility on the entity collecting and processing the data, not on the individual sharing it. The FTC Act's unfair practices standard may apply if the consent delegation results in processing of third-party data without adequate legal basis. CCPA/CPRA definitions of 'consumer' and 'personal information' may be triggered when California residents' contact data is uploaded by other users. GOVERNANCE EXPOSURE: Medium. The provision creates a structural consent gap for third-party contacts whose data is collected and processed by DraftKings without their direct engagement. Under GDPR, this structure would likely be insufficient as a lawful basis for processing, and DraftKings as data controller would bear the compliance obligation regardless of the contractual delegation to users. JURISDICTION FLAGS: EU/EEA users create the highest exposure given GDPR's controller accountability principles. Canada under PIPEDA similarly holds organizations accountable for data they receive. California residents whose contact data is uploaded by other users may have CCPA rights over that data. The notice acknowledges the tool 'may not be available to consumers in certain regions, countries, and other jurisdictions,' suggesting awareness of jurisdictional constraints. CONTRACT AND VENDOR IMPLICATIONS: This provision does not implicate direct vendor relationships but does create reputational and regulatory risk if third-party contacts whose data is collected pursue deletion requests or regulatory complaints. The removal mechanism (email to privacy@draftkings.com) should be tested for responsiveness and completeness. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the consent delegation to users satisfies applicable data controller obligations in jurisdictions where DraftKings operates the contact importer feature. A data mapping exercise should identify the volume and categories of third-party contact data collected and confirm appropriate retention limits and deletion processes are in place. The availability of the contact importer by jurisdiction should be documented.
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This provision shifts the legal burden of third-party consent to the user rather than retaining it with DraftKings as the data controller, which may be inconsistent with how data controller obligations are treated under GDPR, PIPEDA, and some U.S. state privacy frameworks.
If you use the contact importer feature, DraftKings collects the names, email addresses, phone numbers, and locations of people in your address book who have not consented to this. Your contacts may not know their information has been uploaded unless they proactively contact DraftKings to request deletion.
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