Using an Employee’s Image: What You Need to Know?

In the era of technology and digitalization, an employee’s image can become one of the most important marketing tools for a company. Publishing photos or videos from corporate events, training sessions, or team-building trips has become a daily practice. However, does an employer always need to ask for consent to share such materials? The answer to this question may be crucial for any organization.

Consent is not always required

According to Article 81 of the Copyright Act, distributing a person’s image requires their consent – but there are certain exceptions. If a person is widely known and their image was taken in connection with performing public duties, consent is not required. Similarly, if an employee appears only in the background of a photo from a company event, and the main focus of the image is, for example, the room’s decor, no consent is needed for publication. However, when a photo focuses on employees’ faces, consent generally becomes necessary.
The matter of using an image in internal company systems, such as the intranet, differs from publishing photos on social media. In the case of publication within the internal communication network, the group of recipients is limited exclusively to the company’s employees. In such cases, the employer does not need to obtain separate consent for image publication, although it must be remembered that the employee has the right to object, in accordance with Article 21(1) of the GDPR.

When is consent necessary?

In all other cases, it should be assumed that obtaining the employee’s consent is necessary. This consent must be voluntary and precise – it should include the employee’s personal data, the name of the company, the form of the image, the duration of the consent, and the place of its distribution. It is recommended that the consent be expressed in writing, which will facilitate proof of its existence if needed – and it should be stored in the employee’s personnel file. The consent to use the employee’s image may be withdrawn at any time, but it can only apply to future publications.
It must not be forgotten that every situation involving the distribution of an employee’s image may have unique circumstances and may require an individual approach. If you have any questions or doubts, please contact our Law Firm. You can count on comprehensive support and full commitment at every stage of handling your case.