Author: Tom Keane

The 2025 summer transfer window is officially open.

While the headlines will focus on big name transfers, behind the scenes this is an intense period of high stakes strategic decision-making, which will be influenced by the legal framework within which professional football clubs operate.

As a sports lawyer, who has worked as a football agent for 16 years and also as Head of Football Negotiations at Manchester United in 2022, I have first-hand experience of what really matters at this time.

Below I provide a brief insight on what to watch out for this summer, and how legal teams operating within the game can stay ahead of the curve.

Timing is important
In the early stages of the transfer window, clubs will be keen to understand what potential deals have specific time pressures and therefore need to be done quickly.

Clubs may need to move on deals early because of competitive pressure, but also because of specific contractual clauses, such as release clauses, which are normally not open ended, but require deals to be concluded by a specific date – either 30 June or by mid-July – the purpose being that the selling club then has sufficient time to replace the exiting player.

Take Manchester United’s move for Matheus Cunha, for example. A reported release clause of £62.5m was triggered in his contract with Wolves. It is highly likely that clause included a specific deadline by which it needed to be triggered. That is one of the reasons Manchester United will have moved so quickly to secure his signature.

Profit and Sustainability Rules: structure or suffer
The Premier League’s Profit and Sustainability Rules and UEFA’s Financial Sustainability Rules now bite. We have seen that with clubs such as Everton and Nottingham Forest feeling their force with points deductions in recent seasons. Clubs must therefore have such rules at the forefront of their minds during the transfer window, ensuring their overall financial position remains compliant. These rules have become the single most influential factor on transfer deals in recent years.

We have also seen such rules encourage creative deal making, such as player swaps which have also often included homegrown players who represent ‘pure profit’ for the selling club. That approach requires watertight financial and legal guidance. It is therefore important for such personnel, both in-house and external, to kept up to speed and involved on a day-to-day basis to ensure compliance and manage risk.

Contingent contract clauses are of growing importance
With performance-based payments on the rise, transfer agreements and player contracts are evolving. These clauses must be clear and legally sound.

If we look at Brentford’s deal for Caoimhin Kelleher: a reported £12.5m plus £5.5m in add-ons - those add-ons will most likely rely on crystal-clear definitions of appearances, caps and achievements - all of which must be measurable and provable, including reporting obligations and details around when and how payments that are triggered will actually be paid. Vague language in such clauses is a recipe for legal dispute and they must therefore be drafted with precision.

Cross-border transfers 
Brexit has made matters even tricker when it comes to work permits, GBE points, tax exposure and compliance with local regulations.

Take Trent Alexander-Arnold’s reported £8.5m move to Real Madrid as an example. That transfer will likely have involved a pre-contract agreement, a termination of his current employment, a new employment contract, and a consideration of how his image rights in the UK will now be managed and transferred to Spain, and what rights (if any) Real Madrid get in his image rights.

Further the actual international transfer of his registration from Liverpool to Real Madrid (and thus from one football association to another) will have required compliance with FIFA’s rules and regulations to ensure it was effective and approved. These cross-border transfers can be a legal minefield if not handled expertly.

The takeaway here is that a standard approach to contracts does not cut it. These deals require tailored expert advice.

Reputational risk
Every summer, disputes surface. They can be in relation to matters such as player representation (i.e. agency), unpaid signing-on fees or bonuses, sell-on clauses, buy-back clauses and contested image rights to name just a few. As the market becomes more challenging, proactive risk management is vital.

When bringing in players, clubs need to dig deep to clearly identify and understand who the player agent is and what legacy obligations (such as sell-on clauses) may materially impact a deal.

What is very important for all lawyers, is to ensure that all transfer and player related contracts have appropriate dispute resolution frameworks built in, especially in relation to international deals where different jurisdictions are involved.

Support from specialists 
The transfer window is not just about signing players. Much more strategic thought is required, and clubs will be keen to ensure financial compliance and legal certainty to protect value in their players and to avoid risk.

Accordingly, legal teams are no longer back-office support during transfer windows. They are at the front and centre of the transfer operation. If a contract does not do the job it was intended to do, the consequences can be real – financially, reputationally and competitively.

About Brandsmiths
Brandsmiths is the go-to firm for the world’s leading brands. We have extensive experience working with elite professional football clubs including in the Premier League, Championship and globally, including in the other leading European leagues. We also regularly act for domestic and international agents and players. Whether it is activating a clause, navigating PSR, or structuring a deal across borders, we bring deep football expertise to every transaction.

If your club is planning transfer activity this summer, and you want legal advice from people who’ve been inside the room - get in touch at info@brandsmiths.co.uk to arrange a free consultation.