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Legal considerations when writing press releases

Writing a press release involves legal considerations. Pay attention to copyright and portrait rights regarding what you use, substantiate your claims to prevent misleading information, and be careful with personal data and confidential or price-sensitive...

Published on May 17, 2022 by MKBjuristen.nl
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Writing a press release involves legal considerations. Pay attention to copyright and portrait rights regarding what you use, substantiate your claims to prevent misleading information, and be cautious with personal data and confidential or price-sensitive information.

Do not use the work of others without permission

If you include photos, text, or visual material in your press release, ensure that you hold the rights to them. Copyright applies to the work of others; use only your own material or material for which you have a license. If recognizable persons appear in the images, take their right to privacy into account.

Substantiate your claims

A press release is also advertising. Claims about your product or service — 'the best', 'the fastest', 'the most sustainable' — must be accurate and substantiated. Inaccurate or exaggerated claims can be misleading and lead to complaints, intervention by the regulator, or actions by competitors.

Pay attention to personal data and privacy

If you mention names or show individuals, you are processing personal data and the GDPR applies. Ask for consent where necessary, for example from employees or customers you feature. Be cautious with private data and publish no more than necessary.

Confidential and sensitive information

Do not disclose confidential company information or secrets concerning yourself or partners, and regarding publicly traded or sensitive topics, pay attention to rules regarding price-sensitive information. Coordinate a press release regarding a collaboration or acquisition with the parties involved.

Frequently Asked Questions

May I use photos from the internet in my press release?

Only with permission or license. Photographs are subject to copyright, and recognizable persons are subject to portrait rights.

Do I need to substantiate claims in a press release?

Yes. A press release is also advertising; incorrect or exaggerated claims can be misleading and lead to action.

May I mention the names of employees or customers?

That processes personal data; ask for consent where necessary and publish no more than necessary.

Have your communication legally reviewed?

Our legal experts review press releases and campaigns. View our marketing and advertising law– or copyright –team, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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