Website / social media
Having its own website, an association is able to present itself to the public and to provide information for members. Social media, i.e. digital media and technologies, enable users to share media content spontaneously and facilitate collaboration among users.
When handling personal data, the rules of data protection must be observed. Photos are also part of someone’s personal information.
Further information on important aspects of this sub-topic can be found at the bottom of this page.
A committee meeting should be structured, efficient and participatory. The person chairing the meeting ensures that all members receive an agenda in advance, that the objectives of the meeting are achieved, that all participants are involved in the discussions and that the resolutions are recorded. As a “time-keeper”, he/she makes sure the meeting starts and ends on time. As a rule, the chairperson of the executive committee chairs the committee meetings. However, the meeting may also be chaired by another person or in rotation by all members of the executive committee.
The provisions of the Data Protection Act apply to associations, too. All member data (addresses and other personal data) may only be collected if they are necessary for exercising the association’s purpose. Without the consent of the member, they may not be passed on to third parties. Members have the right to request information with regard to their personal data from the association.
The get it done session is a meeting format in which people meet in order to complete tasks together. Prior to the get it done session, the tasks are gathered and the time frame is defined. The potential tasks for a get it done session with management include preparing a budget, sending a mailing, cleaning up an archive, planning a social media campaign, etc. A get it done session can take place online or in person and lasts two hours or longer.
The invitation to a meeting indicates the place, date and content of the meeting. It makes sense to include an agenda and documents that allow participants to prepare for the meeting.
Kanban is a simple (Japanese) planning method that makes it easier to complete work and collaborate. Kanban makes the individual steps and tasks clear and helps to avoid misunderstandings and ensures that no tasks are "forgotten". With kanban, teams work with a shared analogue or digital board on which each task is recorded with a Post-it note, which is then moved either to the left (to do) or right (done) as the work proceeds.
Pursuant to the Swiss Federal Council’s Ordinance 3 on Measures to Combat the Coronavirus, associations were permitted to hold General Meetings online or pass resolutions in writing until 31.12.2022, even if this is not provided for in the Articles of Association. Pursuant to the Ordinance, it was not permitted to combine the two different methods of implementation. These exemptions granted by the Federal Council ceased to apply on 01.01.2023; General Meetings must now again be held in accordance with Articles of Association. This means that General Meetings are allowed to be held online or in hybrid format if permitted explicitly by the Articles of Association.
The retrospective is a meeting format in which a brief review of a (sub)project is carried out following its completion. It focuses on a discussion of how the (sub)project went and what needs to be changed for the next one. A retrospective can be conducted online or in person. It lasts at least one hour.
Having its own website is a great way for an association to present itself to the public and to provide information for members. The website should be kept up to date to provide a good image of the association. When dealing with personal data, the rules of data protection must be observed; photos are also part of someone’s personal information.
Crowdfunding refers to a form of fundraising. Via an online platform and social media, rather small amounts of money (funds) are raised from many individual persons (the crowd). In return, the donors receive “goodies”, i.e. a small reward in the form of a product, an experience or a service. Crowdfunding can help finance a well-defined individual project (e.g. an anniversary event, material procurement, infrastructure project or youth development).
Question
We are looking for "sponsors" to offer financial support to low-income families so that they can send their child to a playgroup. The monthly parent contribution is often a hurdle. Would this be suitable for a crowdfunding project?
Answer
For a crowdfunding project, it is important that it is presented as a specific and clearly distinguishable project, for example the project "Playgroup attendance for ten families". In this case, you are not looking for individual sponsors. With crowdfunding, many individuals tend to make small contributions in order to collectively allow these ten families to send their children to the playgroup. In return, the donors receives "goodies", i.e. a small token of appreciation in the form of a product, experience or service.
Crowdfunding platforms provide support, tips and tools for the development and assistance of a crowdfunding campaign It is important, however, that both personnel and time resources are planned for the campaign. Ideally, you should seek somebody within the association who feels at home in the area of social media and would enjoy launching such a campaign.
Question
Three of our founding members have stepped down from the committee with the intention of establishing their own association. They claim that they can use the logo jointly developed at the time the association was founded for their new group. Do these founding members have the right, to simply "take" the name and logo of the existing association with them?
Answer
The association is an independent (legal) entity. This means that it can perform legal actions and own property, material assets, etc. Objects and funds do not belong to individuals, but rather the association as such. Founding members do not have any special rights in this regard.
The logo therefore unequivocally continues to belong to the original association. This is, of course, as long as nothing has been agreed to the contrary.
Copyright arises automatically when a work is created, for example, when something is photographed, painted, written or composed. Protection does not require registration, nor is the affixing of the © symbol a prerequisite for protection. The author is the (natural) person who created the work (principle of creativity). A “work” as defined by the Swiss Federal Act on Copyright and Related Rights (protected under Article 2 of the Copyright Act, CopA) must meet the following criteria: It must 1. be an intellectual creation; 2. have individual character, and 3. belong to the field of literature, art or computer programs. The website of an association can also be protected by copyright (design, code, texts, photos). The revision of the Copyright Act made an important addition to Article 2(3bis): photographic depictions are considered works, even if they do not have individual character. This means that since 1 April 2020, all images are protected, even those that do not meet the requirements of a work under Article 2(1) CopA, i.e. also images by amateur photographers!
Question
We published images on our website that we found via Google. We have now received a warning from lawyers in Germany. Do we have to take this seriously?
Answer
On Swiss websites, suspected copyright breaches often occur through the unauthorised use of images. For this reason, many warnings are issued owing to the use of such images on Swiss websites, with this also being especially true from Germany, where an actual warning industry has become established. Typical traps that lead to warnings include "image theft" via Google or Wikipedia, the violation of license conditions for "free" or "license-free" images and the online publication of presentations or association magazines with images.
In the case of the images for which the warnings are issued, it is often questionable whether they are protected by copyright in Switzerland. The absence of protection in Switzerland does not mean, however, that it is not possible to receive warnings from Germany. In cases of doubt, a court must rule on the matter. In each individual case, it is therefore essential to carefully check how to respond correctly to such a warning.
Should you respond incorrectly, you may damage your own legal position. In (almost) every case, the wrong response is to simply dispose of such warnings as waste paper. Nor is it usually possible to settle such warnings by issuing an apology to the opposing lawyer. It also doesn't help to insult the opposing lawyer.
Recommendations from the lawyer Martin Steiger on the correct way to proceed upon receiving warnings
A model release is the written legal permission, usually signed by the person depicted in a photograph, which gives the photographer or the association permission to publish the image.
Question
Our association now has a Facebook account. To make the page attractive, we want to make photos of our activities available within the network. In some cases, easily recognisable individuals are shown. Does their permission need to be requested? After all, the images on our Facebook page can only be viewed by "friends".
Answer
Photos are classified as sensitive personal data and, generally speaking, may only be used with the consent of the individuals shown in them. Even if you are able to restrict access on Facebook, it is nevertheless an open medium whose appeal lies in precisely the fact that more and more people gain more and more insights. Furthermore, the association is interested in having as many "friends" as possible.
I therefore advise against publishing any photos without first obtaining the consent of the affected individuals. Sending an enquiry in this regard to association members also provides the opportunity to get in contact with them.
As a rule, images should be used in which people are only recognisable to a limited extent or as part of a crowd. Furthermore, photos should not be noted with the names of the people who appear in them and no images should be used that encroach on the privacy of the people shown in them or that allow for conclusions to be drawn about their religious or political views, show the consumption of drugs or criminal activities, document the receipt of social welfare, etc.
It goes without saying that images should be deleted upon the request of the people they show.
It is recommended that the rights of use of the association to copyrighted material and the right to the image of the members of the association be specified in separate regulations. The drafting of such regulations is usually the responsibility of the Board, provided this is regulated accordingly in the Articles of Association. A regulation of the persons depicted governs the use of images in which members of the association are depicted and/or the use of such material by the association.
It is recommended that the rights of use of the association to copyrighted material and the right to the image of the members of the association be specified in separate regulations. The drafting of such regulations is usually the responsibility of the Board, provided this is regulated accordingly in the Articles of Association. The regulations for photographers govern the rights of use by the association to copyright material created by members of the association, such as photographs, clips, illustrations, etc.
Every person has a right to their own image, so they can decide whether, where, when it may be published in print or online. The person depicted must therefore give their consent, for example, by means of a so-called model release. Supplementary regulations concerning the content of images with regard to the right to one’s own image of members and/or the use of such material by the association are, therefore, also important.
SUISA is the cooperative society for authors of music in Switzerland. For musical performances (concerts, evening entertainment, discotheques), a permission for the performance of musical works must be obtained from SUISA and the corresponding royalties be paid.
Copyright arises automatically when a work is created, for example, when something is photographed, painted, written or composed. Protection does not require registration, nor is the affixing of the © symbol a prerequisite for protection. The author is the (natural) person who created the work (principle of creativity). A “work” as defined by the Swiss Federal Act on Copyright and Related Rights (protected under Article 2 of the Copyright Act, CopA) must meet the following criteria: It must 1. be an intellectual creation; 2. have individual character, and 3. belong to the field of literature, art or computer programs. The website of an association can also be protected by copyright (design, code, texts, photos). The revision of the Copyright Act made an important addition to Article 2(3bis): photographic depictions are considered works, even if they do not have individual character. This means that since 1 April 2020, all images are protected, even those that do not meet the requirements of a work under Article 2(1) CopA, i.e. also images by amateur photographers!
Question
We published images on our website that we found via Google. We have now received a warning from lawyers in Germany. Do we have to take this seriously?
Answer
On Swiss websites, suspected copyright breaches often occur through the unauthorised use of images. For this reason, many warnings are issued owing to the use of such images on Swiss websites, with this also being especially true from Germany, where an actual warning industry has become established. Typical traps that lead to warnings include "image theft" via Google or Wikipedia, the violation of license conditions for "free" or "license-free" images and the online publication of presentations or association magazines with images.
In the case of the images for which the warnings are issued, it is often questionable whether they are protected by copyright in Switzerland. The absence of protection in Switzerland does not mean, however, that it is not possible to receive warnings from Germany. In cases of doubt, a court must rule on the matter. In each individual case, it is therefore essential to carefully check how to respond correctly to such a warning.
Should you respond incorrectly, you may damage your own legal position. In (almost) every case, the wrong response is to simply dispose of such warnings as waste paper. Nor is it usually possible to settle such warnings by issuing an apology to the opposing lawyer. It also doesn't help to insult the opposing lawyer.
Recommendations from the lawyer Martin Steiger on the correct way to proceed upon receiving warnings
A model release is the written legal permission, usually signed by the person depicted in a photograph, which gives the photographer or the association permission to publish the image.
Question
Our association now has a Facebook account. To make the page attractive, we want to make photos of our activities available within the network. In some cases, easily recognisable individuals are shown. Does their permission need to be requested? After all, the images on our Facebook page can only be viewed by "friends".
Answer
Photos are classified as sensitive personal data and, generally speaking, may only be used with the consent of the individuals shown in them. Even if you are able to restrict access on Facebook, it is nevertheless an open medium whose appeal lies in precisely the fact that more and more people gain more and more insights. Furthermore, the association is interested in having as many "friends" as possible.
I therefore advise against publishing any photos without first obtaining the consent of the affected individuals. Sending an enquiry in this regard to association members also provides the opportunity to get in contact with them.
As a rule, images should be used in which people are only recognisable to a limited extent or as part of a crowd. Furthermore, photos should not be noted with the names of the people who appear in them and no images should be used that encroach on the privacy of the people shown in them or that allow for conclusions to be drawn about their religious or political views, show the consumption of drugs or criminal activities, document the receipt of social welfare, etc.
It goes without saying that images should be deleted upon the request of the people they show.
It is recommended that the rights of use of the association to copyrighted material and the right to the image of the members of the association be specified in separate regulations. The drafting of such regulations is usually the responsibility of the Board, provided this is regulated accordingly in the Articles of Association. A regulation of the persons depicted governs the use of images in which members of the association are depicted and/or the use of such material by the association.
It is recommended that the rights of use of the association to copyrighted material and the right to the image of the members of the association be specified in separate regulations. The drafting of such regulations is usually the responsibility of the Board, provided this is regulated accordingly in the Articles of Association. The regulations for photographers govern the rights of use by the association to copyright material created by members of the association, such as photographs, clips, illustrations, etc.
Every person has a right to their own image, so they can decide whether, where, when it may be published in print or online. The person depicted must therefore give their consent, for example, by means of a so-called model release. Supplementary regulations concerning the content of images with regard to the right to one’s own image of members and/or the use of such material by the association are, therefore, also important.
When publishing photographs on the internet, two rights are to be considered: the copyright and the right to one’s own image (personality rights). The copyright arises automatically at the time of the creation of a work. Websites may be protected by copyright, e.g. the design, the code, the texts or the photos used. When publishing photos on its website, the association must make sure that they are allowed to use the photos (right of use). In addition, any publication of a photograph requires the consent of the person depicted (right to own picture). Attention: Anyone who publishes material from third parties (such as a PPT presentation) on their website may be sued for copyrighted photos displayed therein!
In the context of associations, digital cooperation refers to the cooperation within the executive committee as well as to interactions with members or between them. Digital media facilitate the exchange of media content and offer the possibility to digitally create media content individually or together with other users. Digital collaboration includes joint data storage and processing (e.g. Dropbox, Google docs, etc.), communication channels such as WhatsApp, Slack, social media platforms and planning tools such as Trello and Doodle. With a survey tool such as Findmind or Surveymonkey, member’s needs and ideas can be surveyed at any time; the interactive Mentimeter presentation software is suitable for live surveys at the general meeting.
Question
Our members live all over Switzerland and in neighbouring foreign countries, for many of them it is not possible to attend the general meeting. Is it admissible to have a general meeting online?
Answer
Members have the right to attend the general meeting and to participate in voting and elections as well as the corresponding discussions. If a Swiss association has members with residence in a foreign country, it must ensure that these members can make use of their rights. As a supplement or substitute for a physical meeting, an online meeting can be held via an online conference room (e.g. Skype, Facetime, etc.) or via a live stream from the meeting with a chat option for discussion and voting. This is admissible provided all members are invited in time, have access to the Internet and receive the necessary documents and access data. A further prerequisite is that the articles of association provide for online meetings.
Question
We are looking for "sponsors" to offer financial support to low-income families so that they can send their child to a playgroup. The monthly parent contribution is often a hurdle. Would this be suitable for a crowdfunding project?
Answer
For a crowdfunding project, it is important that it is presented as a specific and clearly distinguishable project, for example the project "Playgroup attendance for ten families". In this case, you are not looking for individual sponsors. With crowdfunding, many individuals tend to make small contributions in order to collectively allow these ten families to send their children to the playgroup. In return, the donors receives "goodies", i.e. a small token of appreciation in the form of a product, experience or service.
Crowdfunding platforms provide support, tips and tools for the development and assistance of a crowdfunding campaign It is important, however, that both personnel and time resources are planned for the campaign. Ideally, you should seek somebody within the association who feels at home in the area of social media and would enjoy launching such a campaign.
Question
Our association now has a Facebook account. To make the page attractive, we want to make photos of our activities available within the network. In some cases, easily recognisable individuals are shown. Does their permission need to be requested? After all, the images on our Facebook page can only be viewed by "friends".
Answer
Photos are classified as sensitive personal data and, generally speaking, may only be used with the consent of the individuals shown in them. Even if you are able to restrict access on Facebook, it is nevertheless an open medium whose appeal lies in precisely the fact that more and more people gain more and more insights. Furthermore, the association is interested in having as many "friends" as possible.
I therefore advise against publishing any photos without first obtaining the consent of the affected individuals. Sending an enquiry in this regard to association members also provides the opportunity to get in contact with them.
As a rule, images should be used in which people are only recognisable to a limited extent or as part of a crowd. Furthermore, photos should not be noted with the names of the people who appear in them and no images should be used that encroach on the privacy of the people shown in them or that allow for conclusions to be drawn about their religious or political views, show the consumption of drugs or criminal activities, document the receipt of social welfare, etc.
It goes without saying that images should be deleted upon the request of the people they show.
The term social media refers to digital media and technologies that enable users to share media content and to create media content individually or together with other users. The most popular social media platform at the moment is Facebook. Social media also include services like Google+, Twitter, Dropbox, Flickr, Instagram, Doodle, WhatsApp.