The Photo Consent Form serves as a crucial legal instrument in Belgium for obtaining and documenting explicit permission to capture, store, and use photographs of individuals. This document is essential for compliance with the Belgian Civil Code's provisions on image rights ('droit à l'image'), the GDPR, and the Belgian Privacy Act. Organizations and photographers must obtain this consent before using photographs for any purpose, whether commercial, educational, or promotional. The form should be used whenever photographs of identifiable individuals will be taken and used, particularly in professional, commercial, or public contexts. It includes specific provisions for data protection, usage rights, storage duration, and consent withdrawal mechanisms, ensuring compliance with both Belgian and EU legal frameworks.
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1. Parties: Identification of the photographer/organization requesting consent and the subject of the photographs (including contact details)
2. Background: Context of the photography session or purpose for which the photos will be taken
3. Definitions: Key terms including 'Photographs', 'Usage Rights', 'Personal Data', 'Processing', 'Commercial Use', and 'Publication'
4. Consent Declaration: Clear and explicit consent statement for taking, storing, and using photographs
5. Scope of Usage: Detailed description of how and where the photographs will be used
6. Duration of Consent: Time period for which the consent is valid
7. Data Protection: GDPR-compliant section describing how personal data (photographs) will be processed, stored, and protected
8. Rights of the Subject: Overview of subject's rights including access, deletion, and withdrawal of consent
9. Withdrawal Procedure: Process for withdrawing consent and implications of withdrawal
10. Signatures: Execution section for all parties
1. Commercial Usage Terms: Include when photographs may be used for commercial purposes, including any compensation arrangements
2. Minor Consent: Required when the subject is under 18, including parental/guardian consent provisions
3. Territory Restrictions: Include when usage is restricted to specific geographic areas or jurisdictions
4. Social Media Usage: Specific provisions for social media sharing and platform-specific terms
5. Third Party Transfer: Include when photographs may be shared with or transferred to third parties
6. Editing Rights: Specific provisions regarding photo editing, retouching, or manipulation permissions
1. Schedule 1: Description of Photographs: Detailed list or description of photographs covered by the consent
2. Schedule 2: Specific Usage Contexts: List of specific publications, platforms, or contexts where photos will be used
3. Schedule 3: Processing Activities: Detailed information about data processing activities as required by GDPR
4. Appendix A: Withdrawal Form: Template form for withdrawing consent
5. Appendix B: Subject Rights Request Form: Template form for exercising GDPR rights regarding photographs
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