Legal experts are observing a trend among brands seeking guidance on managing unauthorized in-store content creation. The rising popularity of covert “Birkin journey” videos on platforms like Instagram and TikTok, which capture interactions with sales associates, behind-the-scenes moments, the appointment process, and the exclusive offer of a Birkin or a Kelly, poses significant privacy concerns. These videos present risks not only to Hermes’s intellectual property and its employees but also to other customers who may inadvertently appear on camera.
Sarah Simpson, a brand and IP partner specializing in luxury at Hill Dickinson law firm, notes, “Every detail in a luxury store is part of a brand’s protected IP. When creators film without permission, they exploit this IP for personal gain and capture personal data of those present,” she explains. Consequently, luxury brands are obligated to safeguard individuals from exposure, harassment, and unauthorized filming during significant transactions. Simpson adds that customers now anticipate that brands will support them if they experience unwanted in-store filming, thus necessitating brands to ensure a secure environment for their patrons.
Simpson highlights that discreet “no filming” policies are becoming the norm on prestigious shopping streets like Bond Street, Fifth Avenue, and Rodeo Drive. She explains, “Luxury retail should offer a private, secure, and controlled atmosphere. Many brands permit curated, consent-based filming but ban covert or continuous recordings.”
Legal regulations vary across markets. In the UK, boutiques can generally ban filming as an entry condition, with footage of identifiable people raising data protection issues. In the US, privacy laws differ by state, but brands can still prohibit filming on private property, and covert recording can lead to legal claims. Simpson notes that increasing public opposition has spurred legislative interest from lawmakers in the UK, EU, and US. They are considering restrictions on wearable recording devices in sensitive areas, enhanced data protection for involuntary recordings, and guidance specific to retail, hospitality, and wellness sectors.
