Image rights on company websites in Italy: What SMEs really need to check

When publishing photos on a company website in Italy, you almost always have to check image rights separately on three levels: copyright of the photo itself , the right to one's own image of the recognizable person, and GDPR compliance as soon as individuals are directly or indirectly identifiable. This is precisely where most mistakes occur for small businesses in South Tyrol, because they often adopt German templates, even though Italy has its own standards and practices.

I see this very often in my daily work with SMEs: A photoshoot has been paid for, the pictures are beautiful, the new website is almost finished – and only shortly before the launch does someone ask whether employee photos, construction site photos, or a vehicle with a visible license plate can even be published. Then there's a frantic search for approvals. A clear process before uploading is much better.

For a company website in Italy, a simple rule applies: A photo cannot be published online simply because you own it, have paid for it, or have technical access to it. What matters are clearly defined usage rights, permissible publication, and verifiable documentation.

Especially in South Tyrol, confusion with German law is particularly common. Many businesses use German or Austrian language as a guide, but legally, Italian and European law applies to their websites. Therefore, when strategically building your company website , clarifying legal rights should be just as essential as design, text, and technology.

Image rights on company websites in Italy: What you really need to check

For a clean publication, I always separate three questions in projects:

• Who took the photo? This question concerns copyright and usage rights.
• Who is recognizable in the photo? This question concerns the right to one's own image and the publication of images of people.
• Can a person be identified? This question concerns data protection and GDPR.

This separation brings immediate clarity. For example: An external photographer takes employee photos for the team page. Then you not only need a contractual agreement with the photographer, but usually also clear consent from the people depicted and clear documentation of what the images may be used for.

Copyright: Who really owns the photo?

Many companies start with the wrong assumption regarding copyright. In Italy, copyright on a photograph generally belongs to the photographer. According to Italian copyright law, as presented via WIPO Lex , the photographer has, according to Article 88 of Law No. 633/1941, the exclusive right to reproduce, distribute, and exploit the photograph. While the law does include exceptions, such as for certain commissioned portraits or photographs of the client's belongings, this is precisely why you should never assume that "paid" automatically means "free to use."

In practical terms, this means:

• A paid photoshoot does not replace a usage rights agreement.
• A download link does not replace a rights clearance.
• An invoice does not replace approval for website, social media, recruiting and print.

I recommend a short written agreement with at least five points for every shoot: Who is the copyright holder, which usage rights are transferred, for which channels does the usage apply, is the usage limited in time or unlimited, and is the photographer allowed to use the images for self-promotion?

It's also important to consider archive images. An old photograph isn't automatically in the public domain. According to Directive 2006/116/EC on EUR-Lex, copyright protection in the EU generally lasts 70 years after the author's death . For corporate archives, this means that even historical photographs may still be protected.

Right to one's own image in Italy: The person in the photo is a separate legal area.

Even if the usage rights for the photo are clear, publication is not automatically permitted. In Italy, the right to one's own image is regulated, among other things, by Article 10 of the Italian Civil Code (Codice Civile) and by Articles 96 and 97 of Law No. 633/1941 . You can find a good summary of this at Bugnion.

For small businesses, the practical core is simple: As soon as a person is recognizable and their image is used on the company website for external presentation, trust building, recruiting, or advertising, you shouldn't base its publication on mere habit. You need a clear basis and proper approval.

This applies particularly to:

• Staff photos on team pages
• group photos from the company
• Clients or partners in reference photos
• Event photos of openings, trade fairs or celebrations
• Construction site photos, if people are recognizable in the foreground or background

In my experience, this is precisely the most common stumbling block: The team readily agrees to a photoshoot, but no one specifies whether the images are intended for internal use only, for the company website only, or also for social media, job postings, and brochures. Later, uncertainty arises, and uncertainty regarding image rights is almost always a sign of inadequate documentation.

GDPR regarding photos, employee photos and license plates

The GDPR also comes into play when personal data is processed in photos. According to the European Data Protection Board, photos constitute personal data if a person is directly or indirectly identifiable. For a company website, this means that a recognizable face, a typical work situation, a name tag, or a combination of several characteristics can already be relevant under data protection law.

This doesn't just apply to faces. License plates can also constitute personal data if they allow for direct or indirect identification of a person. The CNIL ( French Data Protection Authority) explicitly cites vehicle license plates as an example of indirect identifiability. This is important for fleet photos, service vehicles, and construction site images.

In practice this means:

• A photo of a company car with a logo is often less problematic than a photo that also shows a legible license plate, a driver, and a private residence.
• A construction site photo quickly becomes sensitive if fitters, neighbors, house numbers, license plates or private items are recognizable.
• A group photo of the team is not "harmless" from a data protection perspective just because everyone is looking friendly at the camera.

For employee photos, written, specific, and voluntary consent is usually the cleanest solution for external communication. The release should not be vaguely worded but should specify the intended use: website, team page, recruiting, social media, print, or press.

Typical cases on company websites in South Tyrol and Italy

This overview does not replace a case-by-case legal review, but it is extremely helpful in everyday practice. This is exactly how we work with photo and video projects : first define the subjects and intended use, then shoot, then file everything neatly.

The most common misconceptions about image rights

• “We paid for the shoot, so everything belongs to us.” No. Without clear regulations, usage rights are often narrower than one might think.
• "Everyone was present at the shoot, so anything goes." No. Participation in the photoshoot does not automatically grant permission for any publication.
• "The image is only on our website, not in advertising." A company website is still a form of public representation.
• "That's just a license plate." A license plate can be personalized and should be carefully checked.
• "The employee is no longer with us, but the picture was okay at the time." After leaving, you should always reassess the further use of the service.

Pragmatic approval checklist for everyday operations

If you have limited time, use this checklist. It will save you from later discussions, follow-up questions, and expensive rework.

Before the shoot

• Create a list of subjects: employee photos, team photos, construction site photos, vehicles, interiors, customers.
• Define intended uses: company website, social media, recruiting, print, press.
• Clarify usage rights in writing with the photographer.
• Prepare a release form for identifiable individuals.
• Check if sensitive details might be visible: license plates, house numbers, displays, documents, children, third parties.

During the shoot

• Record who is in which picture.
• Do not publish spontaneous additional motifs later without review.
• Photograph versions without critical details, such as without license plates or with a neutral background.

After the shoot

• Name files meaningfully, for example: 2025-05-team-sample-company-01-photographer-name.
• Document internally for each image: Who is depicted, who took the photograph, when was it taken, what usage rights apply, what consent has been obtained, where is the proof stored.
• Store the edited and approved web version separately from the raw material.
• Assign a clear status to each image: approved, restricted approval, do not publish.

Once a company has properly set up this simple structure, website maintenance becomes much more relaxed. For me, these kinds of processes are part of good strategic consulting : less chaos, more traceability, and significantly less risk.

How to properly document image rights

A usable internal template doesn't need 20 pages. For small businesses, a compact image file per subject or shoot with these fields is often sufficient:

• File name / Image number
• Date and location of the recording
• Photographer / Copyright holder
• Contractually granted usage rights
• People pictured
• Consent given: yes/no
• Permitted channels
• Permissible duration
• Location where the evidence is stored
• Special Notese.g., license plates retouched or only the website, not social media

Especially when communicating in Germany, Austria, Switzerland (DACH region) and Italy, obtaining clear linguistic approval is worthwhile. A vague, standard German phrase is often insufficient in multilingual companies. Regarding cross-border communication, you'll also find some important basic principles directly relevant here in my article on multilingualism in marketing for DACH and Italy .

When you should have it legally reviewed

Not every case immediately requires a specialized law firm. However, a legal review is advisable if people are clearly identifiable, if customers or children are present in the images, if reference projects are sensitive, if construction site photos show private areas, or if it is unclear whether old contracts truly cover current uses.

My practical advice is simple: Clarify rights before launching your website, not after. Image rights are not a bothersome add-on, but an integral part of a professional digital presence. A strong brand only projects confidence when its back-end organization is also sound.

Questions? Answers!

Is an external photographer allowed to use the images later for their own self-promotion?

It depends on the contract. If nothing is clearly stipulated, the photographer in Italy generally retains their own rights to the photograph; however, it must also be clarified whether the people depicted have consented to such use. Clear contracts prevent precisely this conflict.

Is verbal consent sufficient for employee photos?

In practice, verbal consent is too weak because it's difficult to prove later. A better option is written consent that specifies the exact purpose and is properly filed internally. This will save you from discussions during website relaunches, social media campaigns, or staff changes.

What rules apply to former employees on the company website?

After a member leaves the company, you should reassess every image. Especially with team pages, recruiting pages, or trust-building content, continued use is often no longer advisable or legally problematic. In practice, removing or replacing the image is usually the cleanest solution.

Can the same image also be used for social media, recruiting and print?

Only if these uses are explicitly covered by usage rights and consent. Permission for the website does not automatically grant permission for every other channel. Therefore, always specify the channels clearly.

Are construction site photos without people automatically unproblematic?

Not automatically. Even without people in the frame, license plates, house numbers, documents, neighboring properties, or protected details can be visible in construction site photos. Therefore, always check the entire scene and not just whether a face is visible.

What is the safest minimal process for small businesses?

Before uploading any photos, clarify three points: Who took the photos, who is recognizable in the images, and what is the intended use? Documenting these three answers in writing significantly reduces the risk on your company website. For larger photoshoots, a formal approval process within the team is recommended.

Sources

1. Law No. 633 of April 22, 1941, on the Protection of Copyright and Neighboring Rights — wipo.int (1941)
2. Directive 2006/116/EC on the term of protection of copyright and certain related rights — eur-lex.europa.eu (2006)
3. The Italian Approach to Publicity and Image Rights — bugnion.eu
4. European Data Protection Board – What is personal data? — edpb.europa.eu
5. CNIL – Guide sécurité des données personnelles pour les collectivités territoriales — cnil.fr (2025)