The Consent Form For Video And Photography is essential for any organization or individual capturing and using visual content of people in Germany. This document is crucial due to Germany's strict privacy laws, particularly the right to one's own image (Recht am eigenen Bild) and GDPR requirements. The form should be used whenever photographs or videos of identifiable individuals will be taken and used, whether for commercial, educational, or promotional purposes. It includes specific provisions for data protection, usage rights, and consent withdrawal mechanisms, ensuring compliance with German federal data protection laws (BDSG), GDPR, and relevant sections of the German Civil Code (BGB). The document is particularly important given the significant penalties for privacy violations under German law and the need for explicit consent for both capturing and using visual content.
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1. Parties: Identification of the photographer/videographer/organization and the subject (including contact details)
2. Background: Context of the photo/video shoot, its purpose, and intended use
3. Definitions: Key terms including 'Content' (photos/videos), 'Usage Rights', 'Processing', and 'Publication'
4. Scope of Consent: Specific details about what is being consented to, including types of photos/videos and contexts
5. Usage Rights: Detailed description of how the content may be used, modified, and distributed
6. Data Protection Notice: GDPR-compliant information about data processing, storage, and security measures
7. Duration and Territory: Time period for which consent is valid and geographical scope of usage rights
8. Withdrawal Rights: Process and limitations for withdrawing consent (as required by GDPR)
9. Signatures: Execution block with date and signatures of all parties
1. Compensation: Details of any payment or compensation for the subject (used in commercial photography)
2. Minor Consent: Additional section when the subject is under 18, requiring guardian consent
3. Commercial Usage: Specific terms for commercial exploitation of the content
4. Special Restrictions: Any specific restrictions on usage or modification of the content
5. Third Party Rights: Provisions for sharing content with third parties or platforms
6. Emergency Contact: Contact information for urgent matters (used in ongoing or extensive shoots)
1. Schedule 1 - Content Description: Detailed description of the photo/video shoot, including date, location, and type of content
2. Schedule 2 - Usage Examples: Specific examples of how the content will be used (e.g., websites, social media, print materials)
3. Schedule 3 - Processing Activities: Detailed list of data processing activities as required by GDPR
4. Appendix A - Withdrawal Form: Template form for withdrawing consent
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