GDPR Portrait Rights Agreement

whereas:

A. the Contractor was photographed and/or filmed by an employee of the Client or a photographer contracted by the Client (hereinafter: “the Maker”) at the request of the Client; 

B. the Maker has acted on the client’s instructions. The photos and/or film footage that resulted from this assignment will hereinafter be referred to as: “the Works”.

C. The Client has made agreements with the Maker about the use of the Works by the Contractor for the promotion of its company. In so far as the Works are subject to copyright, this copyright does not lie with the Contractor, but with the Client and/or the Maker. However, the Contractor shall be entitled to the portrait rights with respect to the Works on which he/she is recognisably depicted, as referred to in articles 19 to 21 of the Dutch Copyright Act. 

D. In this agreement, use is understood to mean all acts of publication and reproduction with regard to the Works, regardless of the manner of use or the manner of representation, regardless of the medium and regardless of the use;  

E. This agreement sets out the agreements on the use of the Works by the Client and the Contractor, whereby the parties will observe the General Data Protection Regulation (“GDPR”) and related privacy legislation and regulations. The employer is authorised to also make these arrangements on behalf of the Maker, in so far as necessary:

are agreed as follows:

1. Use by the Client
   1. The Contractor grants the Client and the Maker permission to use the Works for promotional, communications, advertising and marketing purposes on behalf of the Client. This permission applies to the promotion of current and future products and services by the Client, both in and outside of the Netherlands. The Client and/or Maker will explicitly ask the Contractor for permission to use the Works outside of these purposes.
   2. The Client will never provide the Works to a third party without the Contractor’s prior permission. The Client will not keep the Works longer than strictly necessary to achieve the goals for which the Works were created. The Contractor is not entitled to any compensation for the cooperation in the realisation of the Works or the use of the Works by the Client. 
   3. The Client is free to choose the Works and the way in which these Works are displayed. The Client can mention the name of the Contractor in the use or display, but is not obliged to do so.
2. Waiver of the portrait rights by the Contractor
   1. By signing this agreement, the Contractor expressly waives all possible rights and claims that it may have against the Client or the Maker on the basis of articles 19 to 21 of the Dutch Copyright Act, provided that the use by the Client and the Maker corresponds with the content of this agreement.
   2. This waiver expressly does not apply to the Contractor’s rights under the GDPR, such as the right to inspect the Works or to have them deleted. In addition, the Contractor reserves the right at all times to withdraw the permission for the Client to use the Works, to object to this use or to submit a complaint to the Dutch Data Protection Authority.
3. Discontinuation of use and deletion of the Works
   1. If the Contractor withdraws his/her permission, the Client shall discontinue the use of the Works and delete the Works from its data files should the Contractor so demand. 
   2. If the Client has made the Works public and is obliged to delete the Works, taking into account the available technology and the execution costs, the Client will take reasonable measures, including technological measures, to inform third parties using the Works that the Contractor has requested the Client to delete any link to or copy or reproduction of these Works.
4. Use of the Works by the Contractor
   1. In so far as the Works consist of photographs that exclusively show the Contractor (portrait photographs), the Contractor is free to use these Works in an unaltered and unedited manner for his/her own purposes, such as for a CV or on social media.
   2. The Contractor is entitled to data portability. This means that he/she can submit a request to the Client to send the Works to the Contractor or a third party appointed by the Contractor in a computer file. If the Contractor requests prints or a particular digital format of the works, for which the Maker charges extra costs, the Client is entitled to charge these costs to the Contractor.

Agreed, drawn up and signed in duplicate in Mijdrecht on