Someone Posted a Photo of You Without Consent: Copyright vs Portrait Rights in Europe

When someone posts a photo of you without asking, the first instinct is often to send a copyright takedown. But copyright usually belongs to whoever took the photo, not the person in it. If that wasn't you, a copyright claim may be the wrong tool.

Europe gives you other tools that don't depend on owning the photo: portrait rights (your right to your own image), privacy law, and the GDPR. This guide explains which one fits which situation. It's general information, not legal advice; for a dispute that matters, talk to a lawyer in your country.

The first question: who took the photo?

Copyright arises automatically for the person who creates a photo. That gives you three common situations:

• You took it (a selfie, a photo on your own camera with a timer). You own the copyright, so a copyright takedown such as a DMCA notice is usually your strongest and fastest option.
• Someone else took it (a friend, a partner, a stranger, an event photographer). They own the copyright unless you agreed otherwise in writing. Rely on portrait rights, privacy law or the GDPR instead.
• A professional photographer took it for you (a commissioned portrait). The photographer usually still owns the copyright, but in several countries you have extra say over how a commissioned portrait is published.

Don't send a copyright takedown for a photo you don't own. It's a legal claim, and making a false one can backfire on you.

Portrait rights: your right to your own image

Most European countries protect your control over your own image, separately from copyright. The details differ a lot from country to country.

Belgium

Belgium's right to your image comes from privacy protection and Article XI.174 of the Code of Economic Law. As a rule, your permission is needed to use or publish your portrait. Permission can be written, spoken, or implied when the circumstances make it clear, such as posing for a photo. For minors, parents or guardians decide, with the child involved once old enough. Public figures are presumed to accept photos taken during their public activities. The right lasts 20 years after death, when the heirs can enforce it.

The Netherlands

Dutch portrait rights (portretrecht) are in Articles 19 to 21 of the Copyright Act (Auteurswet). A portrait is any recognisable image of a person. The rules depend on whether the portrait was commissioned:

• Commissioned (Article 20): publishing it requires the consent of the person portrayed.
• Not commissioned (Article 21): publishing is allowed unless you have a "reasonable interest" (redelijk belang) against it. That's usually a privacy interest, weighed against freedom of expression, or a commercial interest if you're well known and your image has value.

Germany

Under Section 22 of the Art Copyright Act (Kunsturhebergesetz), a portrait may only be distributed or publicly shown with the consent of the person in it. Section 23 lists exceptions: images of contemporary history, people who appear only incidentally next to a landscape or place, gatherings and public events, and art. Even then, publication isn't allowed if it violates a legitimate interest of the person shown.

France

In France, the right to your image (droit à l'image) has been developed by the courts from Article 9 of the Civil Code, which protects private life. In general, publishing an identifiable image of someone requires their consent, with exceptions recognised by the courts, for example for current events.

The GDPR: a photo of you is personal data

A photo that identifies you counts as personal data under the GDPR. That matters because it gives you rights against whoever publishes it, even if you don't own the copyright and wherever you live in the EU.

• The GDPR doesn't apply to purely personal or household activities, but publishing on the internet for anyone to see goes beyond that. The EU's top court ruled this in the Lindqvist case in 2003.
• You can ask the publisher to erase the photo under Article 17, the right to erasure. Our GDPR right to be forgotten guide explains how to write the request.
• If the publisher ignores you, you can complain to your national data protection authority: the Autoriteit Persoonsgegevens in the Netherlands, or the Data Protection Authority (GBA/APD) in Belgium.

The GDPR allows exceptions for journalism, art and freedom of expression, so a news photo is treated differently from a stranger's post. Facial data processed by face recognition systems also has special protection; our guide to GDPR face data rights covers that.

Which tool fits your situation

How to get the photo taken down, step by step

1. Save evidence. Screenshot the photo with the page address and date visible, and note who posted it.
2. Ask the person who posted it. A polite, direct request works more often than you'd think, especially between people who know each other.
3. Report it to the platform. Most platforms have privacy or impersonation reporting. If the content is illegal, send a formal notice under the EU Digital Services Act; our DSA reporting guide explains what to include.
4. Send a formal request to the site operator. Cite your portrait right or the GDPR, say exactly which photo, and set a reasonable deadline.
5. Escalate. Complain to your data protection authority, or ask a lawyer about a formal demand or court order.

If the photo also shows up in Google results after it's gone, our guide to removing photos from Google covers clearing those.

Find every copy first

Photos rarely stay in one place. Before you start sending requests, search for where else the photo, or other photos of you, appear online. A face search finds copies even when they're cropped, re-uploaded or posted without your name, so you can handle them all in one go instead of starting again every time a new copy turns up.

Sources: FPS Economy (Belgium): right to one's image; Dirkzwager: Dutch portrait rights; Rose & Partner: German right to one's image; CJEU case C-101/01 (Lindqvist, 2003); GDPR Articles 2(2)(c), 17 and 85. Checked October 2026.

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