Employee photos are a central element of modern corporate communication – whether on the website, in social media or in recruiting campaigns. At the same time, the publication and use of these images directly encroaches on the personal rights of those affected. Legal certainty can therefore only be achieved through clear consent, transparent information and functioning internal processes.
Legal basis and basic principle
The publication of employee photos constitutes the processing of personal data. Art. 6 GDPR, Section 26 BDSG and Sections 22, 23 KUG are particularly relevant. In practice, the following applies: explicit consent is usually required for photos. Recourse to “legitimate interests” is usually ruled out.
Consent must be voluntary, informed and unambiguous. Particular care is required in the employment relationship, as there is a relationship of dependency.
Designing consent correctly
Legally compliant consent should clearly state the specific purposes of use (e.g. website, social media, print) and make the scope of use clear. A combination of general consent and specific assignment to the respective photo is recommended.
It is also important to indicate that consent can be withdrawn at any time and that it can be accessed worldwide in the case of online publications.
Special constellations
Group photos are often less legally sensitive than individual portraits, but do not automatically replace consent. Only if portraits are “relevant to contemporary history” or people are “accessories” can consent be waived in exceptional cases. Otherwise, all persons must again give their consent. Illustrative photos without recognizable persons are therefore still the least risky solution in practice, especially for long-term marketing measures.
Resignation and revocation
A common practical error is the handling of representative photos of employees who have left the company. There is often a deletion obligation here if consent has not been obtained for this constellation.
However, consent can be withdrawn regardless of such a constellation and must be implemented quickly in organizational terms. Companies should therefore always know where which images are being used.
Practice check
The following points in particular should be ensured for rapid implementation in day-to-day business:
Obtain consent before each publication (in writing, for a specific purpose)
Clearly define purposes and media (website, social media, etc.)
Firmly establish revocation processes and deletion concept
Regularly update “team” presentations
Conclusion
The use of employee photos is legally manageable if companies take a structured approach. Clear consent, transparent information and clean processes are the key. Those who observe these principles minimize liability risks and at the same time create a professional and trustworthy public image.
