WADA You Think? Have Your Say on the 2027 World Anti-Doping Code

Written By

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Brianna Quinn

Partner
Australia

I am a partner in our Sydney office, working in the Media, Entertainment and Sports group.

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Tom Green

Associate
Australia

I am an associate in our Sports and Corporate practices, based in Sydney. I advise our clients on a variety of corporate, commercial, regulatory and contentious matters in the Media, Entertainment and Sports industry.

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Alex Dimovski

Associate
Australia

I am an associate in our Media, Entertainment and Sport practice, based in Sydney.

The World Anti-Doping Agency (WADA) has moved into the Third Consultation Phase of its 2027 World Anti-Doping Code and International Standards Update Process. Stakeholders are invited to provide feedback on the second drafts of the updated Code and Standards by May 30, 2025.

The second draft of the 2027 WADA Code proposes several changes based on feedback received from stakeholders during previous consultation phases. As noted in WADA’s ‘Summary of Major Changes’, some of the changes in the second draft which merit particular attention include:

  • An emphasis on the importance of human rights throughout the draft Code.
  • Expanded protections for minors - in the draft, minors who are not Protected Persons are now nevertheless covered by certain of the provisions where special treatment is afforded to Protected Persons.
  • An increased focus on the responsibility of Athlete Support Personnel - the new draft holds Athlete Support Personnel more accountable for ensuring their athletes do not commit anti-doping rule violations, whether intentional or inadvertent.
  • Clarification of when Athlete consent is required for research on their anonymised samples.
  • The introduction of an Independent Review Expert - the draft Code introduces a new article requiring the involvement of an Independent Review Expert in certain cases. This implements a key recommendation from the Cottier Report, providing an additional layer of oversight to the management of anti-doping proceedings.
  • The establishment of a uniform appeal deadline - the draft Code proposes a new uniform appeal deadline for all parties other than WADA.
  • An expanded definition of NADO Operational Independence - the definition of National Anti-Doping Organization Operational Independence has been expanded to include activities which may have not previously been prohibited or which were overlooked including, for example, prohibiting the delegation of any Doping Control responsibility to a sport organization or government.
  • An invitation for further discussion regarding Public Disclosure of anti-doping rule violation decisions. Further comments are requested on exceptions to Public Disclosure given the debate over whether these provide fairness and respect the rights of Athletes, or undermine transparency and thus the credibility of the anti-doping system.

The Summary of Major Changes also discusses other proposed amendments, including some building upon the first draft, for example:

  • A new approach to retroactive Therapeutic Use Exemptions (TUEs) - the draft Code continues to explore greater flexibility in the approach to retroactive TUEs, and the WADA TUE group has recommended a flat two-month period of Ineligibility in certain circumstances.
  • Significant changes to the Sanctioning Scheme – the new draft:
    1. builds upon the proposals in the first draft to amend the sanctioning scheme for the Presence, Use, or Possession of prohibited substances;
    2. amends the approach to sanctioning anti-doping rule violations involving Substances of Abuse;
    3. expands the definition of Contaminated Products to a “Contaminated Source”, which includes food or drink, environmental contamination, and contact exposure, so long as there was no basis to suspect the third person had used, possessed or been exposed to the Prohibited Substance;
    4. expands the scenarios in which Substantial Assistance may apply and also allows for a 15% suspension of the period of Ineligibility based on the receipt of valuable information which does not meet the criteria for Substantial Assistance.
  • Greater clarification of the Status During Ineligibility or Provisional Suspension i.e. what a person serving a Provisional Suspension or period of Ineligibility can or cannot do.

Stakeholders affected by amendments to the Code and International Standards are strongly encouraged to review these drafts and submit feedback via WADAConnect, the agency’s online consultation platform, to ensure that their views and interests are considered ahead of the new WADA Code coming into effect in 2027.

Comments arising out of this consultation phase will be published on WADA’s website in June 2025 and the final versions of the Code and Standards will be presented for approval at the Sixth World Conference on Doping in Sport in December 2025, with the new regulations coming into force on January 1, 2027.

Detailed information on the Stakeholder Consultation Process, including prior drafts and the comments received, is available at WADA’s Code Review webpage.

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