Can I post photos of others?
Publishing a recognizable photo of someone else is only allowed with their consent — and consent to photograph is not consent to publish. This follows from image rights (art. XI.174 of the Code of Economic Law) and the GDPR: a recognizable photo is personal data. You therefore need separate consent to photograph a person and to share the photo (social media, a blog …). Exceptions without consent: public figures in their public role, people merely incidental in a crowd (not the subject), and newsworthy images. For minors you need the parents' consent and, from about age 14, the child's own. Anyone pictured can always ask for the photo to be removed (right to erasure, art. 17 GDPR). Image rights run until 20 years after death (heirs).
📋 The rules
- Publishing a recognizable photo needs the person's consent (image rights, art. XI.174 CEL + GDPR)
- Photographing ≠ publishing: each needs separate consent
- No consent for: public figures in a public role, incidental people in a crowd, newsworthy images
- Minors: the parents' consent and, from ± 14, the child's own
- The person can always ask for removal (right to erasure and objection, art. 17 and 21 GDPR)
- Image rights apply for life and until 20 years after death
🔓 Exceptions
- Purely private use in a closed circle falls outside the GDPR; public sharing (social media) usually does not
- For intimate images, stricter criminal laws apply (voyeurism art. 417/8, non-consensual sharing art. 417/9)
⚠️ Penalties & fines
Publishing without consent is mainly a civil fault: the judge can order removal, a ban on further use and damages (art. 6.5 Civil Code, since 2025), if needed in summary proceedings. In addition, the Data Protection Authority can impose a GDPR fine of up to €20 million or 4% of worldwide turnover. If repeated sharing becomes harassment, that is the offence of harassment (art. 442bis Criminal Code).
📎 Official sources
- FPS Economy · image rights (art. XI.174 CEL) →
- Data Protection Authority · citizen (image rights) →
- Data Protection Authority · sanctions (art. 83 GDPR) →
❓ Frequently asked
Can I post a photo of someone without asking?
No, in principle not. Publishing a recognizable photo needs that person's consent (image rights + GDPR). Consent to take the photo is not the same as consent to share it.
Does that also apply to a group photo or a crowd?
Someone merely incidental and non-individualised in a crowd can usually be shown. If a person is clearly the subject of the photo, you again need their consent.
Can I post a photo of someone else's child?
Only with the parents' consent and, from about age 14, the child's own. For children, extra caution is expected.
Someone wants me to remove their photo — must I?
Yes, you must act on a removal request (right to erasure and objection, GDPR). If you don't, the person can turn to the Data Protection Authority or the court.
🔎 Common searches
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