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Customer is contractually responsible for obtaining free and informed consent from any individual whose voice or likeness is used to create a Custom Avatar, and for ensuring that individual is above the applicable statutory legal age. This obligation rests entirely with the Customer, not Synthesia.
This analysis describes what Synthesia's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places the legal and operational burden of consent documentation and age verification for Custom Avatar creation on the Customer organization. Non-compliance could result in both contractual liability to Synthesia under the Customer indemnification clause and direct regulatory exposure under biometric data laws and right-of-publicity statutes.
Under this clause, any organization using Synthesia to create Custom Avatars must independently verify that the individual whose voice or likeness is being used has provided free and informed consent and is above the applicable statutory legal age, with the agreement assigning sole responsibility for this obligation to the Customer.
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"Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to Customer's use of the Services, including the use of any Avatars, and of any settings that may impact the processing or generation of Customer Data, (b) ensure any submission, processing, use or generation of Customer Data is lawful, and (c) ensure that when it authorizes the creation or use of a Custom Avatar using the voice or likeness of an individual, such individual is over the applicable statutory legal age and has provided free and informed consent.Excerpt from Synthesia's Terms of Service
1. REGULATORY LANDSCAPE: The consent requirement engages multiple regulatory frameworks. In the EU and UK, processing voice recordings or facial images to create digital avatars likely constitutes processing of biometric data under GDPR Article 9, requiring explicit consent as the legal basis. In the US, the Illinois Biometric Information Privacy Act (BIPA) and similar state laws impose specific written consent and data retention requirements for biometric identifiers. Various US state right-of-publicity statutes regulate commercial use of an individual's voice or likeness. The EU AI Act's transparency requirements for AI-generated synthetic media may impose additional disclosure obligations on deployers. 2. GOVERNANCE EXPOSURE: High. The contractual assignment of consent responsibility to the Customer, combined with the Customer indemnification clause covering claims arising from Customer Data, means that a failure to obtain adequate consent could result in both regulatory enforcement against the Customer and contractual indemnification obligations to Synthesia. BIPA litigation in Illinois has resulted in significant class action settlements, creating material financial exposure for organizations that process biometric data without adequate consent. 3. JURISDICTION FLAGS: Illinois (BIPA), Texas (CUBI Act), Washington State, and New York create heightened exposure for US-based deployments involving voice or facial data. EU and UK GDPR create explicit consent documentation requirements. Any deployment involving individuals in these jurisdictions requires jurisdiction-specific consent workflows. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations should assess whether their existing consent collection infrastructure satisfies the "free and informed consent" standard across applicable jurisdictions. The agreement does not specify a minimum consent format or retention period, creating ambiguity that legal counsel should resolve through internal policy. Vendor agreements with talent or employees whose likenesses may be used should be reviewed to confirm adequate consent language. 5. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should implement a documented consent workflow specifically for Custom Avatar creation, including consent form templates, retention policies, and withdrawal procedures. Data mapping should identify all individuals whose voice or likeness data is processed through Synthesia's platform.
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This provision places the legal and operational burden of consent documentation and age verification for Custom Avatar creation on the Customer organization. Non-compliance could result in both contractual liability to Synthesia under the Customer indemnification clause and direct regulatory exposure under biometric data laws and right-of-publicity statutes.
Under this clause, any organization using Synthesia to create Custom Avatars must independently verify that the individual whose voice or likeness is being used has provided free and informed consent and is above the applicable statutory legal age, with the agreement assigning sole responsibility for this obligation to the Customer.
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