Revocation of Consent for Video Publication: When is it Limited?
In a recent ruling, the Koblenz Higher Regional Court (OLG) decided that consent given for the publication of videos can only be revoked under specific conditions. This ruling is of central importance for understanding declarations of consent in the digital age.
Background to the Case
In the present case, the plaintiff and the defendant had an existing business relationship. The defendant published several videos on its YouTube channel, showcasing the plaintiff as a speaker and participant at various events. The plaintiff had previously signed a declaration of consent for this publication.
Subsequently, the plaintiff revoked his consent and demanded the deletion of the videos. The defendant refused this request, prompting the plaintiff to file a lawsuit.
The Decision of the OLG Koblenz on Consent Revocation
The Higher Regional Court of Koblenz ruled that the plaintiff was not entitled to injunctive relief. The court found that the consent had been effectively granted, and revocation was not permitted under the circumstances. The declaration of consent was legally binding, and revocation would only have been possible under specific conditions which were not met in this instance.
Furthermore, the court stated that the data processing occurred within the context of an existing business relationship. Therefore, an alternative legal basis pursuant to Art. 6 para. 1 lit. b) GDPR was applicable. Even if a revocation had been effective, the processing of the data would still have been permissible.
Significance for Business Relationships
This ruling underscores the importance of trust and legal certainty in business relationships. Declarations of consent serve as a crucial instrument for regulating cooperation between business partners and establishing clarity regarding the use of image and video material.
It is therefore essential for companies to rely on precisely formulated contracts and declarations of consent. This approach is vital for avoiding future disputes and fostering long-term, trusting business relationships.
At the same time, business partners must be aware that consent, once given, cannot be withdrawn without further notice. Withdrawal is only possible under strict conditions, which should be clearly communicated in advance.
Conclusion
The decision by the Koblenz Higher Regional Court highlights that consent for video publication is binding and can only be revoked under limited conditions. Especially within business relationships, it is crucial to establish clear contractual regulations and carefully consider the implications of providing consent. This approach is key to building stable and trusting partnerships in the long term.