If an image is to appear in materials published outside the company, is consent or legitimate interest preferable?

ANSWER

If an image is to be disseminated outside the company, it will be necessary to obtain consent to dissemination of the image referred to in Article 81 of the Polish Copyright and Related Rights Act. The legal basis for processing personal data in the form of an image under the GDPR may then be the controller's legitimate interest (Article 6(1)(f) GDPR), consisting in disseminating the image in accordance with permission obtained under copyright law.