Image rights & privacy
Image rights & privacy
Approach
The right to privacy is one of the fundamental freedoms protected by Article 9 of the French Civil Code and Article 8 of the European Convention on Human Rights.
A person’s image is part of their personality rights and is protected under the right to privacy, along with their name, voice, and other elements relating to their personal life. Personality rights cannot be “assigned,” but it is possible to grant authorizations allowing the use of certain aspects of one’s private life. When an individual or entity wishes to use one or more of these elements — whether for commercial or non-commercial purposes — it is essential to obtain explicit authorization, clearly defining the scope of use, except in limited situations such as when the right to information prevails.
Moreover, the right to privacy also extends to business contexts, particularly in relation to employees within companies. In this regard, employer monitoring practices must be clearly defined, justified, and strictly limited to ensure compliance with privacy laws.
Areas of practice
- Image rights authorization
- Authorization to use a person’s name
- Authorization to use a person’s voice
- Authorization to use elements relating to an individual’s private life
- Pre-litigation (formal notice letters) and litigation in cases of violation of image rights or infringement of privacy
- Drafting of IT charters and internal privacy policies
- Advisory services on employer best practices to ensure employee privacy protection within the workplace
Areas of expertise
Intellectual property
Protection and enhancement of copyrights, trademarks, and other intangible
assets
Personal data protection
GDPR audits and compliance strategies, analysis and drafting of necessary
documents
Commercial contracts
Drafting and reviewing contracts (provision of service, partnerships, general terms and conditions, etc.)