OUR LATEST POSTS
My Face, the Photographer’s Composition, the Employer’s Portrait?
Who has the right to use a professional portrait photograph of an employee once the flash has gone off? The question may seem straightforward at first, particularly where the photoshoot was commissioned and paid for by the employer. However, the situation is more complex: the same photograph is subject to both copyright and personality rights, which do not necessarily belong to the same person. This question may become particularly relevant when the employment relationship comes to an end. Can an employee use a portrait commissioned by their former employer on their own LinkedIn profile or on their new employer’s website? And for how long can a former employer continue to use an employee’s photograph after the employment relationship has ended?
Legitimate Interest as a Legal Basis for Processing – European Trends and Key Takeaways
Legitimate interest remains one of the most frequently used legal bases under the GDPR; however, supervisory authorities are scrutinising its applicability with increasing rigor. Through the lessons learned from dozens of cross-border cases, the new OSS Case Digest published by the European Data Protection Board (EDPB) demonstrates the criteria based on which European data protection authorities assess the existence of legitimate interest and the adequacy of the balancing test. In many respects, the decisions are consistent with the practice of the Hungarian National Authority for Data Protection and Freedom of Information (NAIH), and they also provide important guidance for Hungarian data controllers as to when reliance on legitimate interest as a legal basis for processing may be regarded as sufficiently substantiated. Our article presents the most important European trends and their practical implications for Hungarian businesses.












