Photo box data protection at corporate events - legally compliant and DSG-compliant

Overview

Why data protection is important for photo boxes

Photo boxes are an integral part of many company celebrations, trade fairs and promotions. They provide fun and interaction, but also process personal data - namely photos in which people can be recognised. In our opinion, companies should therefore always pay a certain amount of attention to transparency and accountability when it comes to photo box data protection.

At business events in particular, data protection not only plays a legal role, but also one that builds trust. Guests and employees appreciate knowing how their photos will be handled.

Basic principles of data protection (according to revDSG)

Transparency: Data subjects know what happens to their data.
Earmarking: Photos may only be used for clearly defined purposes.
Security: Data must be protected against unauthorised access.
Voluntariness: Participants should decide for themselves whether they want to take part.

Legal framework in Switzerland

The revised Data Protection Act (revDSG) has been in force since 1 September 2023. It stipulates how companies may process personal data - including for events and marketing activities.

According to our assessment:

As soon as people are recognisable in photos, this is personal data.
Companies are responsible for ensuring that data is processed lawfully, transparently and for the intended purpose.
The use of cloud services outside Switzerland may trigger additional requirements (e.g. duty to provide information, suitable guarantees or contractual elements).

Internal vs. external use of photo boxes

The data protection assessment depends heavily on the purpose for which the photos are used.

Internal use (e.g. company parties or team events):

In our opinion, voluntarily taking a photo can be interpreted as tacit consent, provided it is clear to the participants that photos will be taken and what they will be used for (e.g. internal gallery or printouts). Anyone who presses the shutter release button themselves generally gives their conscious consent to the photo being taken.

External use (e.g. trade fairs, promotions, social media):

Special care must be taken with external use. Simply taking photographs does not constitute consent to publication. In our opinion, explicit consent should be obtained for marketing or social media purposes. Alternatively, a balancing of interests can be carried out in individual cases, whereby transparency remains crucial.

Differences at a glance

Internal events: For internal events (e.g. company parties or team events), we believe that participation in the photo box can usually be considered tacit consent. A short note or a sign with a simple sentence („By clicking the shutter, you agree to the photo being taken“) is usually sufficient.
Trade fairs and promotions: More transparency is required for events with an external audience. For trade fair visitors or guests at promotions, explicit consent is recommended - for example via an opt-in field or a competition mechanism.
Marketing & Social Media: As soon as photos are published or used for advertising purposes, clear consent should always be obtained. It is also advisable to clearly state the purpose of the publication (e.g. social media, website).

Consent, information and transparency

Pressing the shutter button can be interpreted as consent to the photo being taken, but only if the participants know what will happen to the photos. In our opinion, it is often sufficient if the guests are clearly informed in advance and the purpose is obvious.

Typical and simple solutions are

A sign near the photo box with a short sentence such as: „By taking the photo, you agree to the recording and the intended use.“
A QR code that leads to more detailed data protection information.
A note in the event briefing or invitation.

These measures are usually sufficient to fulfil the information obligation under the DPA without deterring guests or visitors.

Myfotobox.ch

Photo Booth All-In-One

24 megapixel SLR camera
Studio flash with panoramic diffuser
Photos, GIFs & Boomerangs
Second screen for viewing photos
24/7 emergency number incl. TeamViewer support
Printer 10 sec/photo (optional)

Data protection options at MyFotobox

Every event is different and companies have different data protection requirements. To cater for this, MyFotobox offers two customisable functions on request:

Deactivate upload function: Photos are stored locally and are not automatically uploaded to a US cloud. If desired, they can be made available after the event via a GDPR-compliant Swiss cloud.
Activate disclaimer/consent screen: A short message appears before each recording, which the guests must confirm.

Both options can help to fulfil data protection requirements. In practice, however, many guests find repeated consent requests annoying, which is why these settings are only activated at the express request of the customer.

What MyFotobox can offer

Recommendations for companies

In our opinion, a pragmatic, transparent approach is the best way to stay on the safe side legally without minimising the experience factor.

Before the event

Briefly inform guests in the invitation or on the website (purpose, storage period, contact).
For events with external parties: check whether a consent system makes sense.

During the event

Place a sign or short text next to the photo box.
Possibly QR code with link to the data protection page.
Don't overwhelm guests with long legal texts - clarity instead of complexity.

After the event

Only publish photos internally or with consent.
If cloud systems are used, check whether they comply with Swiss data protection standards.

Do's & don'ts for photo box data protection

FAQ - Frequently asked questions about photo box data protection

Do we always need consent?

Not always. For internal use, participation in the photo box can be interpreted as implied consent. For external use, especially marketing, we recommend an explicit opt-in.

How can we inform our guests without scaring them off?

A short notice is often enough. A sign or text on the screen is simple and easy to understand.

What data protection options does MyFotobox offer?

MyFotobox can deactivate the automatic US upload and activate a consent screen. The remaining information obligation lies with the organiser.

Does MyFotobox pass on data to third parties?

MyFotobox does not pass on any data to uninvolved third parties. Data can only be passed on to the organiser if the person concerned has expressly consented to this. Without such consent, the data will remain exclusively with MyFotobox.

Conclusion: Data protection with a sense of proportion and healthy pragmatism

Data protection around photo boxes is not an obstacle, but an issue that can be easily integrated with a little care. It's not about overloading events with bureaucracy, but about creating transparency and making conscious decisions.

Companies that inform their guests and clearly communicate the purpose of the photos are already fulfilling the main part of their obligation. MyFotobox supports them in this by enabling functions such as the consent screen or more data protection-friendly storage on request.

In this way, the photo box remains what it should be: an uncomplicated experience that is fun - but with a clear awareness of the responsible handling of data.

Fabian

I have been involved with photo boxes and their marketing since 2018. Back then, we started our photo box hire service in Zurich and have since opened further locations throughout Switzerland. With now ten employees, we do everything we can every day to make our customers happy.