Persoonlijkheidsrechten
Personality rights
Personality rights are the rights that protect an individual against infringements on his or her identity, privacy and personal sphere. They include, inter alia, the right to one’s image, the right to honor and good name, and protection against the unauthorized publication of personal data.
Personality rights protect an individual’s non-economic interests, such as personal integrity and control over one’s own image and personal data. In Dutch law these rights are founded on tort (Article 6:162 of the Dutch Civil Code) and are reinforced by Article 8 ECHR and the GDPR.
Infringements frequently give rise to claims for damages or injunctive relief, for instance in cases of unauthorised publication or commercial exploitation of a person’s likeness. In practice, personality rights are relevant to media content, marketing campaigns and online material.
In disputes, counsel examines whether a legitimate interest justifies the interference, the balancing of the parties’ interests being decisive.
“The artist sought damages on the grounds that the tabloid had published his photograph without consent, thereby infringing his personality rights.”
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