Sofie Luise EichDie Einwilligung Minderjähriger in sozialen Netzwerken aus persönlichkeitsrechtlicher, datenschutzrechtlicher und urheberrechtlicher Perspektive

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The study explores the legal implications of minors posting photographs in social networks in terms of data protection law and copyright law as well as regarding the right to one’s own image according to German civil law and European Law.

The study considers the technical particularities of posting pictures in social networks and the impact of these on declarations of intentions in the social media context.

Unlike other works, this study covers all the applicable legal fields (data protection law, copyright law, right to one’s own image) at the same time and looks at the overlapping of their regulation scope and the consequences of the fact that these legal fields are always afflicted cumulatively when posting pictures of persons in social networks.

A special focus is set on the consent given by minors and the reach of Art. 8 of the GDPR, which has been underappreciated so far.