The legal framework
No European directive establishes image rights the way national laws do. The Union approaches it in two ways: through the GDPR, because a photograph identifying a person is personal data, which opens the rights to object and to erasure; and through Regulation (EU) 2022/2065, the Digital Services Act, which requires platforms to provide notice-and-action mechanisms with a statement of reasons and an internal appeal.
The contrast is striking: France has a highly developed right to one's image, Germany bases it on the Kunsturhebergesetz, and several states have none. The Union does not unify this; it works around it through data protection.
The Digital Services Act, applicable since 2024, changed practice: every platform must offer an accessible reporting mechanism, give reasons for its decision and provide an internal appeal. It is the fastest route to removal.
Key points
| Instruments | Regulation (EU) 2016/679; Regulation (EU) 2022/2065 |
|---|---|
| Classification | An identifying photograph is personal data |
| Removal | Mandatory notice-and-action mechanism on every platform |
| Appeal | Free internal complaint handling, then out-of-court dispute settlement |
| No harmonisation | Image rights as such remain national |
| Intimate images | Non-consensual sharing is also a criminal offence nationally |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Is there a European right to one's image?
Not as such. A photograph is treated as personal data under the GDPR, and removal is governed by the Digital Services Act.
How do I get a photo taken down?
Through the platform's notice-and-action mechanism, mandatory since the 2022 Regulation, then the internal appeal if removal is refused.
Can the GDPR force deletion?
Yes, through the right to erasure in Article 17, where the processing is no longer justified.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database