In times of intense digital exposure, experts warn that the unauthorized use of employee photos and videos can lead to labor liabilities, class action lawsuits, and reputational damage, requiring alignment between Legal, HR, and Marketing departments.
Ana Carolina Vasconcelos – Specialist in labor law at Mazzucco&Mello Law Firm.
The team photo at the end-of-year party, the video about the company's routine on TikTok, the employee of the month testimonial on LinkedIn. In times of competition for talent, what seems to be an authentic strategy of employer branding This can turn into a legal and reputational problem. The line between celebrating the team and improperly exploiting the employee's image is thin — and many companies have crossed that line without realizing it.
The debate about image rights in the workplace is not new, but it has gained urgency with the rise of digital media and the ease of sharing. What was once restricted to internal notice boards or traditional advertising campaigns now circulates on corporate social networks, with replicable reach and high permanence—factors that intensify potential harm.
From a legal standpoint, the rule is clear: an image is a personality rights, The right to image is protected by the Federal Constitution and the Civil Code. Its violation does not require proof of harm; unauthorized use without the express consent of the owner is sufficient. And here is the most frequent mistake companies make: presuming that the employment contract, by itself, authorizes the use of the employee's image for any purpose. It does not.
The employment relationship confers managerial powers, but it does not transform the employee into a brand spokesperson.
The risk lies in the details: from the ID badge to Instagram.
It is essential to differentiate between purposes. The use of the image for strictly functional purposes — such as identification badges or access control systems — is generally permitted as part of the contract.
The problem arises when this image goes beyond its functional purpose and begins to be used for commercial or institutional objectives. This is the case with the salesperson's photo on the company website, the IT team's video in a talent attraction campaign, or the post celebrating results using images from an internal meeting. In these situations, the Express authorization from the employee is indispensable..
Ignoring this requirement opens the door to litigation that goes beyond what is expected. Labor courts have recognized compensation for moral damages that vary according to the scope of the disclosure. The liability can be expanded: unions and the Labor Prosecutor's Office can challenge systematic practices of violation, initiating collective actions with a significant financial and reputational impact.
Employee freedom of speech: a minefield
The relationship is two-way. If the company has duties, it also has the right to protect its brand. The challenge lies in finding the balance. How to deal with an employee or service provider who uses personal social media to make posts that directly or indirectly harm the company's image?
Imposing excessive restrictions can constitute a violation of the worker's own right to privacy. The solution is not censorship, but clarity. Digital conduct policies are essential, as long as they respect the boundaries between business interests and the employee's personal sphere.
Steps to align Legal, HR, and Marketing.
In a scenario of constant exposure, protecting image rights is not bureaucracy; it's risk and reputation management. Companies that neglect this not only lose resources to lawsuits but also lose the trust of their internal audience. The joint action of Legal, HR and Marketing It is indispensable.
This includes creating a specific authorization form, This should be separate from the employment contract. It must be voluntary—the employee can refuse—and needs to detail:
PurposeWhere the image will be used (“company social media”, “talent attraction materials”, “advertising campaign X”).
Instructions for usePhotos, videos, testimonials?
TermHow long can the image be used and what happens to the material after the collaborator leaves the company?.
Furthermore, it is necessary to develop a clear digital media policy. The employee should know what the company expects of them, especially regarding the use of uniforms, logos, and mentions of the organization on personal networks, always respecting confidentiality and freedom of expression.
Finally, it is advisable to audit internal and external communication. Legal and HR should review Marketing and Internal Communication practices: does the "spontaneous team photo" have authorizations? Does the "engagement video" include everyone's consent? Prior alignment avoids improvisation and reduces risks.
Respecting the employee's image strengthens the employer brand.
In a context of continuous digital exposure, treating employee image seriously means putting into practice the value placed on people—so common in corporate discourse, but not always observed in reality. It is also a direct investment in legal security and in consolidating an employer brand sustained by respect, and not just by marketing.