The annual Christmas party is a highlight of the corporate year: an opportunity to express gratitude, engage in relaxed conversation, and strengthen team spirit. However, the relaxed atmosphere should not obscure the fact that data protection remains relevant even in the most festive setting. As soon as photos are taken or guest lists are created, we are in the midst of processing personal data. This article highlights the most important data protection aspects surrounding the company Christmas party.
1. The Guest List: Which Data May Be Processed?
Planning begins with creating the guest list. This involves processing names, departmental affiliations, and possibly dietary preferences or health-related specifics (e.g., allergies).
1.1 General Participant Data (Name, Department)
The processing of this data for organizing an internal event generally falls under the legitimate interest of the employer (Art. 6 para. 1 lit. f GDPR) or is considered necessary for the performance of the employment relationship (Art. 6 para. 1 lit. b GDPR in conjunction with § 26 BDSG). The purpose is the organization and execution of the company event. Data subjects can expect this within the scope of their duties as employees.
1.2 Sensitive Data (Health, Allergies)
If special categories of personal data are collected, such as information on allergies or intolerances, stricter standards apply (Art. 9 GDPR).
- The Legal Basis: Collecting this data for catering purposes is only permissible if employees provide explicit, voluntary, and informed consent (Art. 9 para. 2 lit. a GDPR).
- This data must be minimized (Art. 5 para. 1 lit. c GDPR). Only the absolutely necessary information (e.g., “vegan menu,” not “is lactose intolerant”) may be passed on to the catering company. The deletion of this sensitive data must take place immediately after the event.
1.3 External Guests and Contact Data
If business partners or customers are invited, their contact data must be processed in accordance with the duty to inform (Art. 13 GDPR) and a valid legal basis (often also the legitimate interest in maintaining the business relationship). The invitation should transparently inform recipients about the data processing.
2. The Sensitive Area: Photos and Videos at the Party
Photos often pose the greatest data protection risk at the Christmas party. If employees or guests are depicted, this constitutes personal data within the meaning of the GDPR. In addition, in Germany the right to one’s own image applies with regard to publication (§ 22 KunstUrhG).
2.1 Photos for Internal Documentation (e.g., Intranet)
If you wish to use photos exclusively for internal purposes (intranet, internal presentations), the legal basis is consent (Art. 6 para. 1 lit. a GDPR).
- Voluntariness Is Crucial: Consent must be voluntary. Given the dependency inherent in an employment relationship, voluntariness can be difficult to establish.
- The Solution: Prepare an Opt-Out Model: Alternatively, reliance may be placed on legitimate interest (Art. 6 para. 1 lit. f GDPR) if the interest in internal documentation is deemed overriding. In this case, employees must be clearly informed before the party that photos will be taken and that they have the right to object (opt-out). Anyone who objects must not be photographed or must be made unrecognizable.
2.2 Photos for External Marketing Purposes (e.g., Social Media, Website)
If you wish to use photos on the company website, in brochures, or on social media for external representation, you absolutely need the explicit, documented consent of the depicted persons (Art. 6 para. 1 lit. a GDPR, § 22 KUG).
Requirements for Consent: The consent must clearly specify:
- Which photos may be used.
- For which specific purposes (e.g., Facebook post, careers page).
- For what period of time.
The person must have the right to withdraw consent at any time (Art. 7 para. 3 GDPR).
Tip for Organization: Announce the photo rules in advance. Appoint a central person as a “photo contact” who ensures compliance with the rules.
Everything you need to know about data protection consent can be found in our blog post on consent: Data Protection Consent – PLANIT // PRIMA.
3. External Service Providers: Catering, Location, and DJs
If you engage external partners (event agency, photographer), commissioned processing (processor relationship) pursuant to Art. 28 GDPR may apply as soon as these service providers process personal data on your behalf (e.g., guest lists, photos).
3.1 The Obligation to Conclude a Processing Agreement
Before transmitting data to the service provider, you must conclude a written or electronic data processing agreement. This agreement governs the service provider’s obligations with regard to compliance with the GDPR and your instructions. Risk Assessment: Ensure that the service provider complies with the technical and organizational measures (TOMs) to protect the data. We have compiled information on the correct handling of processors here: Data Processing Agreement (DPA) – PLANIT // PRIMA.
3.2 The “Bring Your Own Device” (BYOD) Risk
Sometimes an employee spontaneously takes over parts of the organization using their private device. This may be practical, but it can pose a risk. Ensure that employees do not process or store company data on private devices, or clearly regulate the use of private devices within the framework of your IT policy.
4. Data Protection Compliance as Part of the Celebration Culture
The best Christmas parties are those where everyone feels safe and comfortable. This applies both to physical well-being and to the protection of privacy. Forward-looking planning with regard to data protection is the best way to avoid compliance fines and embarrassing conflicts. Remember: data protection is not a buzzkill, but a sign of professional appreciation toward your employees and guests.
| Is your company already GDPR-compliant? With // PRIMA, you can design your data protection management simply, clearly, and always in compliance with the law – thanks to automatic updates, always up to date – developed by data protection experts. Secure 14 days of free access now! |
