Legal experts say brands are increasingly seeking counsel on how to control unsolicited in-store content creation. Where the flourishing genre of covert “Birkin journey” videos circulating on Instagram and TikTok, for example, document sales associate interactions, back-of-house moments, the appointment process, and the coveted offer of a Birkin or a Kelly, it’s as much a privacy risk for Hermes’s IP and its employees as it is for other customers who may be captured in-frame.
“As every detail in a luxury store is part of a brand’s protected IP, when creators film without permission, they’re commercializing this IP for their own engagement, while also capturing personal data of everyone around them,” says Sarah Simpson, a brand and IP partner specializing in luxury at Hill Dickinson law firm. “As a result, luxury brands have a duty of care to protect those individuals from exposure, harassment, and being covertly filmed during high‑value transactions,” she adds. According to Simpson, customers now expect brands to stand behind them if they feel they’ve had unwanted exposure to content filming in-store, which means brands have a legal and ethical responsibility to create environments where customers feel protected.
A woman takes a selfie outside Chanel’s Bond Street store in London. Legal experts say discreet “no filming” policies are now becoming standard in luxury stores on Bond Street, Fifth Avenue, and Rodeo Drive.
Photo: Mike Kemp via Getty Images.
Mike Kemp/Getty Images
“Discreet ‘no filming’ policies are becoming standard on Bond Street, Fifth Avenue, and Rodeo Drive,” Simpson says. “Luxury retail is meant to feel private, protected, and controlled. Many brands already allow curated, consent‑based filming, but prohibit covert or continuous recording.”
The legal position also differs by market. In the UK, boutiques can generally prohibit filming as a condition of entry, with footage of identifiable individuals also raising data protection concerns. In the US, privacy law is more state-specific, but brands can still ban filming on private property, and creators who record covertly may face claims. Simpson says the growing public backlash has also prompted more legislative interest coming from lawmakers in the UK, the EU and the US, who are beginning to explore restrictions on wearable recording devices in sensitive environments, enhanced data protection rules for involuntary recordings, and sector‑specific guidance for retail, hospitality, and wellness spaces.
