Contractual topics

Do employees need to give their consent?

For use on employee ID cards, consent is generally not required under the GDPR and the Swiss FADP. For additional purposes such as a Microsoft Teams profile picture or marketing material, however, consent is required.

For a photo on an employee ID card, consent is generally not required; the legal basis is legitimate interest or the performance of a contract. Here, consent would be superfluous and even risky, because the employee could theoretically withdraw it and the process would become legally unstable. Consent in an employment relationship would not be truly voluntary, but the GDPR requires consent to be given freely.

However, consent is required for additional purposes such as internet profile picture, Microsoft Teams picture, for the website or marketing material. It is best if employees can upload the photo to these channels themselves. Photo Collect can send a copy to each employee for their own use.

Further answers to legal questions can be found here.

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