PipeflowWhy you have to ask before posting
Posts with real people almost always work better than pure product shots. The team having breakfast in the bakehouse, the physiotherapist at work, a happy customer at handover: pictures like these show who is behind the business.
Legally, though, a photo in which a person can be recognised is more than a nice subject. Under the GDPR it counts as personal data. In addition, Austria and Germany protect people's right to their own image, which is regulated slightly differently in each country. The details are complicated, and there are exceptions. But in practice, for a small business a simple rule of thumb applies: anyone who can be recognised gets asked first.
This article gives you guidance, not legal advice. For binding information, contact the Austrian Economic Chamber in Austria, the IHK or the Chamber of Crafts in Germany, a data protection adviser or a lawyer.
Employees: voluntary really means voluntary
With employees there's a special point: they depend on you. But consent has to be voluntary, and in an employment relationship people look closely at whether it really is. So make it clear that nobody has to take part and that saying no has no consequences.
It's best not to ask in front of everyone but individually. Some people don't want to be seen online for private reasons, and you don't need to know or judge that. Anyone who doesn't want to be in the picture can still be part of a post, for example with their hands at work or from behind.
Also clarify what happens to pictures when someone leaves the business. Ideally that goes straight into the consent form.
Photographing customers and guests
With customers the situation is similar. A hair salon that wants to show a new hairstyle asks first, ideally in writing. An electrician photographing a finished installation in a customer's home should also ask, even if nobody is in the picture: private homes are sensitive.
In cafés and shops, guests easily end up in the background by chance. When taking photos, make sure nobody can be recognised, or choose a different frame. That's often easier than asking someone for permission afterwards.
Practices and law firms also have their own professional rules and duty of confidentiality. Photos of patients or clients are generally not a good idea there, even with consent. The picture alone reveals that someone is a patient or client.
Children: always ask the parents
For children you need the consent of the parents or legal guardians. Depending on their age, the child should also be asked and agree. Remember that pictures of children stay findable online for a long time and are hard to take back.
An example: for Mother's Day, a florist runs an event with children tying bouquets. Instead of faces, the post shows small hands holding flowers. The picture feels just as warm and makes the consent question much simpler, although you should still inform the parents.
Document it in writing: what goes into the consent form
A verbal yes is easily forgotten or disputed. So record consent in writing, on paper or digitally, and keep it. A short, clear form is often enough. Ideally, get a template from an advice centre or have yours checked.
- Who: name of the person and, for children, of the parents.
- What: which photos or videos are meant.
- Where: for example Instagram, LinkedIn, website, flyers.
- How long: for a limited time or until withdrawn.
- Withdrawal: a note that consent can be withdrawn at any time.
- Date and signature: so it's clear when consent was given.
Withdrawal: when someone no longer wants to take part
Consent can be withdrawn. That applies equally to employees, customers and parents. From the moment it's withdrawn you may no longer use the pictures again, and you should promptly delete posts already published or replace the image. What exactly applies to old posts can be a question for an adviser in individual cases.
In practice, a simple list helps: which photo, which person, where it's used, consent given when. Then, if consent is withdrawn, you can quickly find every place where the picture appears.
Respond to a withdrawal without discussion and without reproach. For the person concerned it's often an awkward step anyway. A short “Thanks for letting us know, we'll take the pictures down” is enough. That keeps the relationship good, and others in the team are more willing to join in next time there's a photo.