The Media Consent Form is essential for any organization in Germany that creates, processes, or uses media content featuring identifiable individuals. This document ensures compliance with strict German privacy laws, including GDPR (DSGVO) and the Kunsturhebergesetz (KUG), which particularly emphasizes the right to one's own image. The form must be obtained before creating or using any media content and should clearly outline the scope of usage, processing details, and data subject rights. It's particularly crucial for commercial use, public relations, and situations involving minors, where additional legal requirements apply. The document serves as both a legal protection for the organization and a clear communication tool for individuals about how their media content will be used.
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1. Parties: Identification of the consenting individual (data subject) and the organization/person requesting consent, including full contact details
2. Background: Brief context about the purpose of the media recording and intended use
3. Definitions: Clear definitions of key terms like 'Media Content', 'Processing', 'Publication', and 'Commercial Use'
4. Scope of Consent: Detailed description of the specific media content covered (photos, videos, audio recordings) and the specific uses being authorized
5. Rights Granted: Explicit listing of the rights being granted, including usage, publication, and processing rights
6. Duration and Territory: Specification of how long the consent remains valid and the geographical scope of usage
7. Data Protection Notice: GDPR-compliant information about data processing, storage, and transfer
8. Right of Withdrawal: Information about the right to withdraw consent and the process for doing so
9. Signatures: Signature blocks for all parties, including date and place
1. Commercial Usage Terms: Additional terms specific to commercial usage of the media content, including any compensation arrangements. Include when media will be used for commercial purposes.
2. Minor Consent Provisions: Additional provisions and signature blocks for parent/guardian consent. Include when the subject is under 18 years old.
3. Special Processing Instructions: Specific instructions regarding editing, modification, or processing of the media content. Include when specific processing requirements exist.
4. Third Party Transfer Rights: Terms regarding the right to transfer or license the media content to third parties. Include when third-party usage is anticipated.
5. Emergency Contact: Contact information for urgent matters regarding the media content. Include for long-term or sensitive media projects.
1. Schedule 1: Description of Media Content: Detailed description of the specific media content covered by the consent (e.g., event details, shooting date, type of content)
2. Schedule 2: Intended Uses: Comprehensive list of all intended uses and platforms where the media content will be used
3. Schedule 3: Processing Activities: Detailed description of how the media content will be processed, stored, and protected
4. Appendix A: Privacy Notice: Detailed GDPR-compliant privacy notice explaining data subject rights and processing details
5. Appendix B: Withdrawal Form: Template form for withdrawing consent, including instructions for submission
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