Photography laws in Germany

This guide explains how you can take photos of people, businesses and buildings in Germany.

Taking photos of people

You can’t take photos of people if…¹⁷

It violates their privacy
For example, you can’t take pictures of strangers in their home, in a bathroom, in a changing room or at the sauna.¹⁶
It shows their helplessness
For example, you can’t take photos of accident victims, drunk people or nude people without their permission.² This also applies to celebrities.¹

To take a photo of someone, you usually need their permission. There are exceptions. You don’t need permission for…³⁰

Family photos
You don’t need permission to take photos of your own household. For example, vacation photos of your family, or home video. You need permission to share the photos on social media.²⁹
Film photography
If you take analog pictures of people, and you do not scan them or share them, you don’t need permission.²⁸
Unidentifiable photos
If the person in the photo can’t be recognised, you don’t need their permission. Be careful! A person can be recognised by their tattoos, their clothes, the context of the photo, or the EXIF data of the image.²⁷
Photos of public events
You can take photos of parades, sports events and demonstrations without permission. That does not include photos of specific people in a crowd.³²

Anonymous photo of a person reading a newspaper — You don't need permission to take photos of people if they can't be recognised.

To share a photo of someone, you need their permission.³¹ You need permission to share their photo on a website, on social media, in an email, in a group chat, in a newspaper, or in any other publication.³

There are exceptions. You don’t need their permission if…

The person can’t be recognised from the picture⁴
or the people in the picture are accessories in a landscape or special location⁶
or the person is a public figure, or part of contemporary history (a politician, a movie star, …)⁵
or the person died more than 10 years ago
or the people in the picture are participating in a public gathering, parade or similar event, and they are not the focus of the photo⁷

Tourists in front of the Brandenburg gate — You don't need permission to share photos of landscapes that have people in them.

Crowd of people — You don't need permission to share photos of public gatherings.

Person in a crowd — You need permission to share portraits of people, even in public gatherings.

You can’t share a photo of without their consent if it’s against the person’s legitimate interests:¹⁸

You can use a photo of a famous person for an article or book about them. You can’t use a photo of them to promote an unrelated product.⁸ For example, you can’t use the photo of Barack Obama to sell vacuum cleaners.¹⁹
You can’t share photos of people if it severely damages their reputation.⁹ Don’t share embarrassing photos of people.
You must respect people’s right to privacy, even if they are famous.

In public spaces, panorama rights apply. You can take, share or sell photos of buildings and vehicles without permission if they are visible from the street.¹⁰ For example, you can sell posters of a classic car parked on the street.¹¹ You don’t need the owner’s permission, but it’s polite to ask anyway.

Berlin apartment buildings — You don't need permission to take, share or sell photos of buildings taken from the street.

Car in front of a Berlin business — You don't need permission to take, share or sell photos of cars and businesses taken from the street.

In private spaces, you need permission. If you take pictures inside a business, a house or a museum, you need the owner’s permission.¹² Some night clubs and museums don’t let you take photos.

Photo of a man at the counter of a coffee shop — You need permission to share photos of private spaces like businesses and museums.

How to get permission

Just ask before you take the photo. Even when you don’t need permission, it’s more polite to ask.

You don’t always need written permission. The permission can be implied:

If you pay someone to take their photo, you have their permission to use the photo.²⁰
If everyone in the picture is smiling at the camera, you have their permission to take a photo.²¹ You still need permission to share the photo.

The permission is not implied if…

You want to use the photo for a different purpose. Permission can be limited to a specific time and purpose.
You want to use someone’s profile photo. You don’t have permission to use someone’s photo just because it’s public.²²
The person died less than 10 years ago. You must get permission from their relatives. If they died more than 10 years ago, you don’t need permission.²⁰

If you don’t follow the rules

The punishment is a fine, or up to 2 years in prison.¹³ People rarely go to prison, but fines and lawsuits are common.²³

The subject of the photo can sue for damages.¹⁹ You might have to pay for the victim’s legal costs.¹⁴

If you took the photo by accident, you can delete the picture without punishment. For example, if you take a drone video, and catch someone naked in their backyard.²⁴

Questions and answers

Can I just blur people’s faces?

No. You must make sure that the person can’t be recognised.²⁵ Sometimes, blurring is not enough.

Photo blurred still recognisable — A person can be recognised by their tattoos and hair style

Do I have to censor licence plates?

Yes, you should also blur vehicle licence plates. This is not always required.²⁶

Can I film the police in Germany?

There is no exception for police officers. The same rules apply when you take photos or videos of the police.¹⁵

Need help?

Where to ask legal questions ➞

Legal references

Data privacy laws (GDPR)
- Article 2 – Exception for household activities
- Article 6 – Lawfulness of processing
Copyright law for works of fine arts and photography (KunstUrhG)
- § 22 – Consent requirement
- § 23 – Exceptions to consent requirement
- § 33 – Punishment
Copyright law (UhrG)
- § 59 – Works in public places (“panorama rights”)
Criminal Code (StGB)
- § 201a – Violation of intimate privacy by taking photographs or other images (“the paparazzi law”)

Sources and footnotes