Voice is biometric personal data, protected by the EU’s GDPR.
Fines can reach €20M if your organization, dubbing vendors or customers don’t manage voice samples in compliance with GDPR.
GDPR brings numerous obligations to entertainment professionals processing voice personal data. The scenarios outlined below only cover a few of the danger zones that content distributors and service providers need to manage and to ensure partner compliance.
In 2020, non-compliance sanctions issued in major EU dubbing markets such as France, Germany, Spain and Italy 39% over the previous year and a half.
Voice samples & actor details shared during the casting phase put your organization at risk if:
- Stakeholders keep samples and other actor personal data (name, email, tele, etc.) after completion of casting phase and don’t enter the data into GDPR compliant processing
- Samples & actor details (name, email, tele, etc.) are added to your casting database for use in future projects without actor’s trackable consent – obtained 100% independent of work contracts
- Your service providers’ assets are not GDPR compliant
- Live audition samples are added to a casting database for future projects without obtaining trackable actor consent of use that specifies the new processing context and duration
Stakeholders keep voice samples and other actor personal data (name, email, tele, etc.) after completion of casting phase and don’t enter data into GDPR compliant processing
During the casting phase, audio service providers share actor information and voice samples with their customers. The samples are uploaded to casting approval portals, sent by email, uploaded to private clouds, etc., along with other actor personal data (name, age, photos, etc.).
Once the casting phase is completed, all personal data subject to GDPR (samples and other identifying information), must be deleted from all supports, by all stakeholders, unless entered into GDPR compliance processing. If data are not deleted, or processed respecting GDPR obligations, the data processing is considered non-compliant and subject to sanctions by GDPR supervisory authorities.
Samples are added to casting databases for use in future projects without trackable consent – obtained 100% independent of work contracts and NDAs
GDPR requires trackable consent of use when adding voice samples and other actor personal data to casting databases. Even though most talents want to be referenced for castings, the GDPR requires data processors respect strict and specific guidelines when keeping this personal data.
Actor consent must be collected 100% independently of work contracts and NDAs. The EU legislation considers consent collected in relation to a work contract or NDA as a subordinate relation and unlawful.
Your services providers’ assets are not GDPR compliant
GDPR introduces the notion of compliance co-responsibility. Every project stakeholder is co-responsible for the compliance of their partners, from subcontracted studios to final content distributors.
Casting databases kept by audio service providers are often composed of samples collected over long periods of time. If the assets are not processed respecting GDPR laws, and used in projects contracted by your organisation, you are at risk of sanctions by GDPR supervisory authorities.
Live audition samples are added to a casting database without obtaining trackable actor consent of use that specifies the new processing context and duration
Live audition/casting samples are created for specific projects. Contracts cannot stipulate unlimited processing once the casting phase is completed.
The personal data falls under the scope of GDPR and trackable consent of use specifying the new context and duration must be obtained.