France: The Use of an Ex-Employee’s Image Can Result in Damages

Under French law, the unauthorised use of a person’s image without their authorisation can justify a claim for financial compensation without having to demonstrate the damage suffered by the plaintiff.

In this case, an employee had authorised his employer to use his photo. After leaving the company, the ex-employee noticed that his photo was still on the company’s website. He claimed damages and was awarded 1500€ by the Court of Appeal which stated that the employee had not authorised his photo to be used after leaving the company.

The company took the matter before the Supreme Labour Court, who confirmed the Court of Appeal’s ruling stating that the use of the photo could not be based on the performance of the employment contract, which had ended and that the authorisation was not sufficiently clear with regards to its duration and use of the photo after the end of the employment contract.

Key Action Points for Human Resources and In-House Counsel

Ensure your documentation with regards the use of employee photos is correctly drafted and/or liaise with the communication department to ensure ex-employees photos are no longer used.