Christmas Dinner Photos Spark Data Protection Disputes in Andorra

Photographs taken at Christmas work dinners in Andorra can lead to disputes between employees and employers, potentially escalating to proceedings at the Batllia.

Such gatherings often involve relaxed moments fuelled by holiday spirits, where workers and managers share photos amid a sense of camaraderie outside the usual office setting. The next day, however, some images—capturing inebriated poses or compromising behaviour—may prompt regret.

José Luis Torrecilla, a lawyer at Xpert agency specialising in data protection, explains that Andorra's Qualified Law on Data Protection requires employee consent for companies to publish photos featuring staff, provided the purpose is legitimate. Photos taken and shared by colleagues themselves fall outside this regulation, as it applies solely to legal entities.

If an employer posts an objectionable image, workers have two main recourse options. They can first pursue an administrative route by invoking their right of opposition, contacting the company's legal representative or the Andorran Data Protection Agency to demand removal.

Alternatively, if the photo damages their honour or causes harm, employees can initiate a case at the Batllia for compensation. This applies only to images produced or disseminated by the company or a professional photographer—not private snaps by peers.

Torrecilla stresses the centrality of consent in the law. Even when individuals post photos, he recommends seeking colleagues' permission as a matter of respect, since seemingly innocuous shares could, in extreme cases, jeopardise careers.