A photo shoot on the premises, a presentation video on the website, a post on LinkedIn… Have you given your consent?
It’s a common scenario: an employee appears in a team photo or in a promotional video for their company. But what happens when they leave the company and the image continues to be used? Spoiler alert: it’s not always compliant.
An employee’s image rights do not expire when they leave the office or at the end of their contract. Those rights are a fundamental principle protected by Article 9 of the French Civil Code, which guarantees everyone the right to privacy and therefore to their image.
The French Supreme Court is keeping an eye on this issue. In a legal precedent, an employee whose image still appeared in company documentation after he left had not given his formal consent to its use. The result: violation of his rights and damages at the expense of the employer.
What does this mean? A photo is personal data. Under the GDPR, the company must obtain clear, specific, and written consent, indicating specifically the intended use (website, social media, internal posters, etc.), the duration of publication, and the possibility of withdrawal at any time.
And after departure? The period of use agreed by the employee must be followed. If consent is not renewed or if a request is made, the photo must be withdrawn.
Need to clarify anything?
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