Liverpool have abandoned their hopes of signing Virgil van Dijk and apologised to Southampton for "any misunderstanding" over their interest after they were accused of "tapping up" the player.
But what is "tapping up"? The most famous case in recent history was arguably Ashley Cole's move from Arsenal to Chelsea back in 2005 when the player, as well as Chelsea and their manager Jose Mourinho, were fined.
Via email, ESPN FC asked James Hill, associate at sports law practice Onside Law, to explain what "tapping up" constitutes.
Q. What exactly is "tapping up"? Does the term relate to a specific act or is it a general term for unauthorised transfer approaches?
A. "Tapping up" is the informal term for prohibited player approaches. The Premier League Rules state that a club shall only approach a player with a view to signing him:
1. Where the player is out of contract;
2. With the prior permission of the club the player is contracted to; or
3. After the third Saturday in May and before 1 July, where a player becomes out of contract on that July 1, and has either not been made, or has rejected, an offer from the club he is contracted to.
Any other approach by a club, its officials, players, intermediary or any other person on its behalf will be a breach of the rules (i.e. "tapping up.") Similarly, no contracted player or a person on his behalf can approach a club with a view to signing for them without the permission of the club he is contracted to.
In particular, any statement made publicly by or on behalf of a club expressing interest in acquiring a contracted player, or by a contracted player expressing interest in transferring to another club, will be treated as an indirect approach. Therefore, for example, statements of admiration for a player made by a manager in the press may amount to tapping up if those statements are intended to entice or destabilise a player.
Q. Who is responsible for regulating transfer activity, and what sanctions do they have the power to hand out?
A. Generally, transfers are regulated by the association and/or league the player is registered in. Therefore, transfers involving Premier League players will be dealt with by the Football Association and the Premier League. The consequences of breaching the Premier League Rules on player approaches include reprimands, fines, transfer bans and points deductions.
Q. Isn't it just the case that a lot of transfers start with "tapping up" of some sort or other, but clubs rarely complain because they are happy to sell?
A. It is alleged that tapping up in one form or another is rife in football. However, it is extremely hard to police and enforce. Usually, where a player has had his head turned by another club, it is in the long term interests of the club to sell the player rather than having a demotivated, costly player on their books who may negatively affect the dressing room.
Consequently, there is often little incentive for a club to refuse to sell a player, or to make an allegation of tapping up where the punishments handed out to offending clubs generally have a limited impact on that club either financially or in a sporting context, particularly if the complaining club has participated in similar activity itself.
Q. We often hear that players have already agreed terms on a deal when a transfer fee is yet to be agreed. When does a club "cross the line" between what is acceptable and what is not?
A. Generally, once a club has given permission for the buying club to speak with a player, negotiations between the clubs regarding the transfer fee happen at the same time as contract negotiations take place between the buying club and the player. This means that terms can be agreed before a final transfer fee is agreed. Therefore, the buying club and the player will only "cross the line" where discussions have taken place before the selling club has given permission to approach the player.
Q. Is there a prescribed order in which the stages of a transfer should be conducted?
A. Whilst there is no set order in which a transfer should be conducted, generally speaking the typical process is as follows:
1. The buying club seeks permission of the selling club to speak to a player;
2. Negotiations commence between the clubs regarding a transfer fee, and with the player regarding contract terms;
3. Once contract terms are agreed with the player, the club will require him to undergo a medical;
4. Where required, the club will obtain appropriate work permits or visas;
5. If a fee is agreed and the medical passed, the transfer agreement and playing contract will be signed;
6. Simultaneously, the clubs will complete and file the relevant registration documentation with the Football Association;
7. If necessary, the clubs will also be required to obtain international transfer clearance where the player is being transferred to/from another association.
Q. What is a potential buying club allowed to do regarding a transfer without getting permission from the club that owns the player?
A. Where a club has not been given permission to approach a player, there is very little that they can do to engineer a transfer other than continue negotiations with the selling club in order to obtain permission. As set out above, any approach to a player without permission will be in breach of the Premier League rules. Notwithstanding this, a player may choose to breach his contract and leave his club. However, this will ultimately result in their club refusing to transfer the player's registration and seeking compensation for breach of contract.
Q. Which are the cases that have set precedents in transfer regulations, or the ones that have been the especially high-profile?
A. The most high profile "tapping up" case involved Arsenal's Ashley Cole in 2005. Without Arsenal's permission, Cole met with Chelsea officials to discuss a move. The Premier League disciplinary committee found that Cole, Jose Mourinho and Chelsea had committed rule breaches and fined them £100,000, £200,000 and £300,000 respectively, as well as imposing a suspended three-point deduction on Chelsea in respect of its future conduct.
Cole's agent Jonathan Barnett also had his license suspended for 18 months and was fined £100,000. Several other clubs -- including Everton over Jamaal Lascelles in 2014 -- have also been given fines and/or had transfer bans imposed upon them for similar breaches.
Q. Are the regulations different for transfers involving youth players?
A. Broadly the rules are the same, save that where a player is under the age of 24 a compensation payment must be made, even if the player is out of contract. This is to compensate clubs for the time they have put into developing young players and encourages clubs to invest in youth.
Usually the compensation payment will be agreed between the two clubs but, if not, the transfer will be referred by the clubs to the Professional Football Compensation Committee to decide the fee.