Introduction
The use of employee photos and videos on social media is becoming increasingly popular among employers. Yet these images may not be published just like that. Privacy rules and portrait rights set clear limits. This blog explains what rules apply and what both employers and employees should be aware of.
Consent is required
Employers are increasingly using photos and videos of employees to show how things are going within the company. Yet these images may not be published just like that. Under privacy laws, this requires clear and completely voluntary consent from the employee. In principle, if an employee does not give permission, his or her photos or videos may not be used. Moreover, refusing permission must not put the employee at a disadvantage in any way.
Portrait rights and post-employment use
When an employee consents to the use of a photograph or video, he thereby waives his reliance on portrait rights for that particular use. Still, an employer must remain cautious, especially if the employee leaves employment. A well-known case law example shows what can happen: a furniture store employee participated in a photo shoot for an advertising brochure. Two years after she left, she still saw her photo in advertisements of her former employer. The judge ruled that the use without her permission was not allowed and awarded damages, albeit a relatively limited one of €500.
Practical tips for employers
Employers would be wise to request written permission for the use of photos and videos, and to include agreements on the duration of use, especially if the material continues to be used after leaving employment. After all, employees retain their rights to their own image and can claim damages in the event of unlawful use.
Conclusion
Employers may publish photos and videos of employees only with express permission. This permission must be voluntary and must not affect the employment relationship. Extra caution should be used after leaving employment. Written agreements on use and duration can prevent legal problems and claims for damages.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about portrait law. Please feel free to contact us .
April 2025
