- An inside look at the GDPR’s impact on the creative industries and release agreements
- How might a photo or film (ie including both images and audio) of a natural person be classified under the EU GDPR or UK GDPR, eg is this likely to be personal data or special category personal data? What is the general market approach to the treatment of such forms of visual content?
- Images as personal data
- Images as special category data
- Where photographs/films are classed as personal data but not special category personal data, how would this be dealt with in release agreements (or otherwise) with the individual talent?
- Where photographs/films are classed as special category personal data, how would this be dealt with in release agreements (or otherwise) with individual talent?
- What other personal data is commonly processed by film companies and photographers and is a similar basis usually used to process that data?
TMT analysis: Anna Skurczynska, managing director at Open Plan Law, provides insight on how the film and photography industry has adapted to the General Data Protection Regulation (EU GDPR) in the context of release arrangements. While the EU GDPR has generally been superseded in the UK by the new UK General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime from the end of the Brexit implementation period on 1 January 2021, a similar approach is likely to continue under the UK GDPR which is heavily based on the EU GDPR. The EU GDPR remains applicable in the EEA.
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