The right to one’s own image

Before posting images of employees on a company website, it is necessary to obtain the consent of the individuals concerned.

Before posting images of employees on a company website, it is necessary to obtain the consent of the individuals concerned.

It is currently in vogue to include a photo of the entire workforce on the company website. However, anyone planning to do so should be aware that they must first obtain the consent of each individual employee. The law governing the individual’s right to their own image applies here. The Swiss Civil Code says that each person has the right to decide whether and where they want to be portrayed.

People of public interest are exempt from these provisions – for example, in the case of media coverage. The law states that images of people should be neither discriminatory nor slanderous. It is also not advisable to use a well-known “face” in advertising material unless the person concerned has a connection to the product or company.

The right to one’s own image begins at birth – and ends with the subject’s death. Furthermore, this right cannot be inherited. Therefore, descendants cannot take legal action if, for example, images of their late ancestors are published without their consent.