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GDPR: What are the implications for Blend Media?

06
Apr

What is GDPR?

The General Data Protection Regulation (GDPR) is a new EU Regulation intended to strengthen and unify data protection for all individuals within the European Union (EU). Its comes into force on May 28th of this year.

The main objective of the GDPR is to allow individuals (otherwise known as “data subjects”) to have more control over their personal data, as well as a deeper understanding of how that personal data is used.

The GDPR only applies to “personal data”, which effectively means any information that can be used, directly or indirectly, to identify a living individual. The definition is however broad and includes the term “any information” which can be used to identify somebody – which could also mean video footage containing imagery of clearly identifiable individuals.

This is nothing new however. Such video footage would also fall within the definition of “personal data” under the existing legislative framework (the Data Protection Directive and the Data Protection Act 1998).  

What does it mean for us?

Collectively we need to be able to demonstrate that we have implemented as many measures, guidelines and exercised as much diligence as possible to show, interpret, and comply with the new GDPR requirements.

Released Commercial Content:

Model Released (Commercial) Content: Currently covers all media, worldwide, in perpetuity. Technically this should cover us for all licenses of these clips although we will be adding checkboxes within the release that allows the individual model to opt out of clips with them appearing to be used within potential contentious or subjective advertorial segments like alcoholic beverages, tobacco, electronic cigarettes, pharmaceuticals, healthcare, religious and political promotions.

Unreleased Editorial Content:

Currently around 80% of our library is Editorial and it’s this content that GDPR potentially creates the most issues for. We will be actively ensuring GDPR compliance as best a possible and this will be achieved through:

Customer Terms & Conditions (for licensing content) when licensed will be absolutely clear that any unreleased clips can only be used in an editorial context (the context of which should be outlined). The T&C’s will also make reference to the GDPR to give further context to the importance of adhering to the Editorial use only restrictions when using these clips.

Customer Terms & Conditions will also have a revised and stricter clause stating that the use of any clips in any derogatory, defaming, libellous, pornographic way etc is strictly prohibited.

Creator Terms & Conditions will be revised to state that Blend requires that all best practices have been adhered to when filming the content to ensure all necessary filming permits and releases have been received.

For each Editorial clip visible on the FRONT END of the Blend platform, we will have a note stating that the clip is Editorial and that its use is restricted and list the restrictions as per the Customer Terms & Conditions.

If Creators are filming at events where the general public is present (eg. a Concert, Conference etc) the Creator should post a Notice of Filming sign at the entrance to and inside the venue informing the public that they are filming, what they are filming and who they are filming on behalf of and that if they enter the premises, by doing so they give their consent for their likeness to potentially appear in the finished, produced product. You can of course only do this if you have permission from the owners of the location or event organisers. But it’s standard practice anyway and something that should be taken seriously when filming at public events.