The Online Photo Consent Form is essential for any organization in the Netherlands that captures and uses photographs of individuals for various purposes. This document is specifically designed to comply with Dutch legal requirements, including portrait rights (portretrecht) under the Dutch Copyright Act and data protection requirements under the GDPR and UAVG (Dutch Implementation of GDPR). It's particularly relevant in today's digital age where photos can be easily shared and distributed across multiple platforms. The form should be used whenever photographs of identifiable individuals will be taken and used for any purpose, whether commercial or non-commercial. It includes provisions for data protection, usage rights, duration of consent, and withdrawal mechanisms, while being structured to work effectively in an online format with electronic signature capabilities.
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1. Parties: Identification of the photographer/organization requesting consent and the individual giving consent (including contact details)
2. Background: Brief context about the photo session or purpose of the photographs
3. Definitions: Clear definitions of key terms like 'Photographs', 'Usage', 'Publication', 'Commercial Use', 'Personal Data'
4. Scope of Consent: Detailed description of what is being consented to, including types of photographs and intended uses
5. Data Protection Information: GDPR-compliant information about how personal data (photographs) will be processed, stored, and protected
6. Usage Rights: Specific permissions granted for using the photographs, including media types and geographical scope
7. Duration: Period for which the consent is valid
8. Withdrawal of Consent: Process and rights for withdrawing consent, including contact information and any limitations
9. Electronic Signature: Declaration of consent and electronic signature mechanism
1. Commercial Usage: Additional terms for commercial use of photographs - include when photos may be used for commercial purposes
2. Minor Consent: Additional section when the subject is under 16 years old, requiring parental/guardian consent
3. Third Party Sharing: Terms for sharing photographs with third parties - include when relevant to the intended use
4. Compensation: Details of any payment or compensation - include when the subject will receive payment for photo use
5. Special Category Data: Additional provisions for sensitive personal data - include when photographs might reveal special category data under GDPR
1. Photo Description Schedule: List and description of specific photographs covered by the consent
2. Usage Examples: Examples of how the photographs will be used (e.g., website, social media, print materials)
3. Privacy Notice: Detailed privacy notice explaining data processing practices in accordance with GDPR
4. Withdrawal Form: Template form for withdrawing consent
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