Maximilian Baur of of McDermott Will & Emery Rechtsanwälte Steuerberater LLP writes:
The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in photos, videos or other marketing materials (BAG 19 February 2015, 8 AZR 1011/13; BAG 11 December 2014 – 8 AZR 1010/13). The BAG held that (1) an employer can rely on an employee’s voluntary consent under German data privacy laws and (2) an employee must take into account the employer’s interests when justifying his or her revocation of a valid consent. The BAG’s decisions are notable because they are contrary to the widely-held opinion that employee consent given in the context of the employment relationship is not completely voluntary.
Read more at National Law Review.