Deepfakes

Making and sharing a deepfake

Do you make a deepfake and share it only within a limited circle of people, such as your family, friends or the person in the deepfake? Then the General Data Protection Regulation (GDPR) does not apply, and you are allowed to make and share the deepfake. You do not need consent in that case either. But note: this exception in the GDPR comes with strict requirements.

Do you want to share the deepfake with people outside this personal circle? Then you have to comply with the rules in the GDPR. In that case you must, for example, have a legal basis. And you must always state that it concerns a deepfake. For example, by referring to the original visual material.

Note: in addition to the GDPR, other laws and regulations may also apply. Think, for example, of the portrait right of the person in the deepfake. Nor are you allowed to disseminate deepfakes that harm the person portrayed.

Having a deepfake removed

Can your face or body be recognised in a deepfake? In that case, the maker of the deepfake is processing your personal data. The maker of the deepfake must then comply with the rules in the GDPR. Unless the deepfake is shared in a personal circle only. In that case, the GDPR does not apply.

Are you visible in a deepfake without your consent? And is the deepfake shared widely or publicly? Then there are a number of things that you can do.

Asking the maker to remove the deepfake

You have the right to have your data removed. This means that you can ask the maker to remove the deepfake. You can use the removal of personal data example letter of the Dutch DPA for this purpose.

In most cases, the maker will be obliged to remove the deepfake if you request this. In fact, deepfakes are a form of fake images, which can be seen as incorrect personal data. According to the GDPR, this is generally unlawful. Besides, your interest is likely to outweigh the interest of the maker of the deepfake.

Asking a platform to remove the deepfake

Do you not know who has made the deepfake, but do you come across the deepfake on the Internet? Then you can ask the platform that has published the deepfake to remove the deepfake.

You can indicate that you want the platform to pass on your request to other websites and search engines, to ensure that the deepfake will also be removed there.

Submitting a complaint

Do you not receive a response from the maker of the platform? Or does the maker or the platform refuse your request? Then you can submit a complaint to the Dutch DPA.

Going to court

Did you suffer damage due to the deepfake? Then you can also try to hold the maker of the deepfake liable. To do this, you have to go to court.

Sexual deepfake without consent

Making and sharing sexual images of someone without that person's consent is prohibited. Also according to the GDPR. You can take a number of steps against this practice.

Firstly, you can report it to the police. This is also possible if you do not know who has made the images.

Under the GDPR, you also have the right to ask the maker of the deepfake or the platform on which the deepfake has been shared to remove the deepfake, as described above. They have to comply with your request, because it concerns an illegal image.

If a platform fails to cooperate, you can submit a complaint about the platform to the Dutch DPA. You can also initiate legal proceedings against the maker of the deepfake or against the platform, to demand cooperation. In some cases, initiating expedited proceedings (preliminary relief proceedings) is also possible.

Deepfakes of well-known people

The same rules apply for both a prominent and a non-prominent Dutch person.

It should be noted, however, that well-known people are more often part of the public debate. When they go to court, the court will therefore strike a balance between the interest of the well-known person and the interest of the maker of the deepfake (including freedom of speech, such as satire).