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Photo archiving and data protection: a guide for photographers

Keep originals for as long as your contract promises (usually one to several years), in at least three copies on two different media, one of them off-site. Photos of people are personal data, so in Serbia they fall under the Law on Personal Data Protection (ZZPL), which closely follows the EU GDPR.

6 minUpdated

After a few seasons, most photographers face two questions: how long do I keep all these files, and what am I allowed to do with photos of people? The first is about storage and risk, the second about law and trust. Here is a practical framework for both.

How long to keep originals

No law sets a retention period for the photos themselves. You choose it — what matters is that it's written in the contract and that you honour it. Tell clients at delivery when the gallery expires and how long you keep originals, and ask them to save their photos in two places.

Common practice (not a legal requirement)
WhatSuggested periodNote
RAW filesDelivery + 3–12 monthsFor re-edits and complaints
Edited full-resolution photos1–5 yearsPut it in the contract
Online galleryA few months to a yearWith an expiry reminder
Selected portfolio workWhile you have a basis to use itWith client consent
Contracts and invoicesPer accounting rulesCheck with your accountant

The 3-2-1 backup rule

  1. 1

    3 copies

    The working copy plus two more. Don't format cards until two copies exist in different places.

  2. 2

    2 different media

    For example an internal SSD and an external drive or NAS. Two partitions on one disk are not two copies.

  3. 3

    1 off-site copy

    Cloud storage or a drive kept elsewhere, so fire or theft can't take everything.

Shoot to dual cards when you can, copy the same night, test restores regularly and encrypt portable drives — a lost drive of client photos is a personal data breach. An online gallery can be one of the copies: Captures keeps originals in EU data centres (Germany and Finland) with a backup copy, but one service should never be your only copy.

Data protection basics

A photo of an identifiable person is personal data. In Serbia the Law on Personal Data Protection (ZZPL) applies, closely aligned with the GDPR; the GDPR itself may apply if you work with or target EU clients. Shooting under a contract usually rests on performing that contract, while publishing in your portfolio or on social media typically needs separate, specific consent — a dedicated checkbox, not small print. Clients can access, correct and erase their data and withdraw consent. Choose gallery and cloud services that support export and erasure, and secure accounts with strong passwords and two-factor authentication.

Minors

  • Get written consent from a parent or guardian, especially for any public use.
  • Keep galleries with children private and password-protected.
  • Never publish a child's full name, school or location alongside photos.
  • Don't use face recognition on galleries that include minors.

Face recognition and consent

Find-yourself features are handy at large events, but face recognition processes biometric data — a special category under both the ZZPL and the GDPR — so explicit consent from each person is generally required. In Captures, the Find me search only works if the studio enables it and each guest explicitly consents; the selfie isn't stored, and it is never available for galleries with minors.

A deletion plan

Once a year, review your archive. Remind clients to download their photos, then delete expired shoots from every copy, cloud included, or move consented images into your portfolio. You keep your promises, save space and reduce risk.

Galleries with EU storage and clear expiry dates

Originals in the EU with a backup copy, gallery expiry with reminders, data export and erasure. Start free.

FAQ

How long must a photographer keep photos?

There is no legal period for the photos themselves. Set one in your contract, typically one to several years for edited images. Keep contracts and invoices per accounting rules.

What is the 3-2-1 backup rule?

Three copies of your data, on two different media, with one copy off-site.

Does the GDPR apply to photographers in Serbia?

Serbia has its own Law on Personal Data Protection, aligned with the GDPR. The GDPR may also apply directly if you work with or target clients in the EU.

Do I need consent to post a client's photo on Instagram?

Usually yes. Publishing is a different purpose from delivery, so separate, explicit consent is the safer route.

Is face recognition in galleries allowed?

It can be, but it uses biometric data, so explicit consent from each person is generally required, and it shouldn't be used for galleries with minors.