The right to one's own image (Recht am eigenen Bild) is protected under the Act on the Protection of Copyright in Works of Fine Arts and Photographs (KUG). Photographs and videos of individuals may generally only be published with the subject's consent. Limited exceptions apply for persons of public life in their public role, images depicting current events, and images in which the person is merely an incidental element of a landscape or scene. Even for public figures, the private sphere — including family life, the home, and sensitive personal matters — is strongly protected. Unauthorized publication of photographs can give rise to injunctions, the right to demand deletion, and damages claims.
False statements of fact that damage the reputation of an individual or company constitute a violation of personality rights (and, in extreme cases, defamation under criminal law). The key distinction is between a false factual claim (which can be prohibited) and a value judgment or opinion (which is generally protected as free expression). Where the boundary lies depends on the context and the specific wording used. Claims that are mixed — containing both factual and evaluative elements — are assessed by reference to the overall impression they create. We advise individuals and companies on taking decisive action against false factual claims in media, social media, and review platforms.
The right to be forgotten and the GDPR's right to erasure provide individuals with mechanisms to have outdated, inaccurate, or disproportionate personal information removed from the internet. Google and other search engines are required to delist search results that constitute an unjustified interference with personal rights, following the CJEU's landmark Google Spain judgment. Defamatory and false content published on third-party websites and platforms can be removed through notice-and-takedown procedures, court injunctions, and, where applicable, the notice mechanisms provided by the Digital Services Act.
The private sphere of individuals is protected by both personality rights law and the GDPR. Unauthorized disclosure of medical information, financial circumstances, family matters, sexuality, or other sensitive private information constitutes a serious personality rights violation. Even where information is already in the public domain to some extent, republication can constitute a violation if it gives the information fresh prominence or brings it to a new audience. The protection of the private sphere is particularly strong in family law proceedings and in cases involving children, where special care must be taken to avoid any public exposure of minors.
Generally, no. Under German law, photographs of individuals may only be published with their consent. The main exceptions are: images of persons of contemporary history (public figures) in their public role, images taken at public events where the person is not the main subject, and images in which the person appears as part of a larger scene. Even public figures retain strong privacy rights in their private sphere. If a photo of you has been published without your consent, you may have claims for injunction, deletion, and damages.
Negative Google reviews can be challenged if they contain false factual claims, if the review is from someone who was not actually a customer, or if the review violates Google's own terms of service. True factual statements and genuine opinions, even if unflattering, are generally protected. For reviews containing false facts, you can request removal directly from Google and, if Google refuses, obtain a court order. Systematically monitoring and responding professionally to reviews is also advisable from a reputational management perspective.
The right to be forgotten is the right of individuals to have personal information about them removed from the internet when it is no longer relevant, is inaccurate, or constitutes a disproportionate interference with personal rights. It derives from both the GDPR (Article 17, right to erasure) and the fundamental right to privacy under German and EU law. Following the CJEU's Google Spain judgment, search engines must delist search results when the data subject's right to privacy outweighs the public interest in the information. We have extensive experience in exercising delisting rights and in obtaining the removal of harmful online content.
Your employer may only publish photographs of you on the company website with your consent. Consent given in an employment context must be freely given — employees must not feel pressured to consent as a condition of their employment. Consent should be documented in writing and should specify the use to which the photographs will be put. You may withdraw consent at any time, and the employer must then remove the photographs. Post-employment, the employer should remove photographs of former employees from its website unless separate consent for post-employment use was obtained.
Screenshots of chats or social media are legally problematic. They can infringe the copyright of the respective platform or users, as posts are often copyrighted. Additionally, the personality rights of the depicted individuals may be violated, especially if private communication or sensitive content is shown. Publishing screenshots without the consent of the individuals concerned is generally unlawful, unless exceptions apply, such as the right to quote or legitimate interests.
