Employers and Social Media: Photo Consent and Use
Hey there! If you work for a company that loves to share snaps of its team on social media, in brochures, or on their website, you might have some questions about your rights. Employers need your consent before sharing your photo, and we'll dive into why and how that process works.
Sneak Peeks at the Office
From company outings to trade shows, employers capture lots of moments in pictures. Sharing these photos online has become a way for companies to convey a positive image and attract potential applicants or customers. But what if you're not comfortable with your likeness being on the internet?
Legal Requirements
In the realm of labor law, employers in Germany must obtain written or electronic consent from employees before publishing their photos on company websites or social media. This applies to photos taken during company events and promotional projects. The principle of 'neighborly behavior' or 'Dienstpflicht' may influence the removal of a photo in certain circumstances, but any disagreements should be handled on a case-by-case basis.
Public Relations Employees
Positions in public relations and social media often require a more visible online presence. However, these employees still have the right to refuse a photo or to withdraw consent at any time.
Personal Brochures
Employees who have agreed to having their photos used in company brochures may not have the right to demand its removal if the cost of reprinting or disposing of the brochures would be disproportionately high.
Peter Meyer, a specialist lawyer for employment law and member of the Executive Committee of the Employment Law Working Group of the German Bar Association (DAV), provides insights on these matters.
Enrichment Data
To provide you with a more complete picture, I have incorporated data protection and labor law insights:
- Data Protection Laws - General Data Protection Regulation (GDPR) and the Act on the Protection of Privacy in Working Life governed the processing of employee photos, including requirements for explicit consent, notification obligations, and documentation.
- Public Display and Commercial Use - Copyright considerations and commercial use permissions play a role in sharing photos with a broad audience.
In the end, it's all about ensuring your rights and maintaining a healthy work-life balance. If you're unsure about your employer's photo policies, bring up the topic with your superiors to establish clear boundaries and safeguard your privacy.
