In particular, it has been newly added that a 3G regulation now also applies to all employees when entering the plants. Previously, this was only mandatory for companies whose employees worked in direct contact with customers; now, possible contact with colleagues is also sufficient. At least if more than 10 employees are employed in a company.
The new rules on occupational infection control naturally also have an impact on data protection. In principle, the vaccination, test or recovery status is a personal data. Since this affects the personal health of employees, it even constitutes information requiring special protection under Article 9 of the GDPR.
As a result, there has been a heated debate in recent months about how to deal with this information in the operational context. While over the summer the presentation of the relevant proof became more and more routine and access to cinemas, restaurants and many events was only possible if 3G was complied with, the operational area remained predominantly unregulated by law. Consequently, the prevailing opinion was that the employer had no right to obtain information about the vaccination, testing or health status of its employees, or that the employee did not have to provide any information about this.
This finding is now at least in Bavaria and as far as the Corona traffic light stands on red, no longer in this form to hold. Thus, an employer is now legally obliged to implement the 3G regulation in his company as well. You can find out more about 3G in the workplace in our YouTube video.
In the video clip, the above points and other following chapters are conveyed:
– Topic explanation and legal basis
– Concrete legal requirement
– Relevance to data protection law
– Recommendation for the data protection solution
– New regulation offers no right to ask questions
– Other obligations under data protection law
– Duration of storage
– Memory limitation
– Basic information
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aigner business solutions GmbH is a consulting company for data protection and IT security and is one of the leading service providers in this field in Bavaria. With a total of over 20 employees at its headquarters in Hutthurm near Passau and its branch office in Munich, the company serves national and international corporations as well as SMEs.
Would you like our experts to help you in the areas of information security or data protection? Feel free to contact us!
Head office Hutthurm – Tel.: +49 (0) 8505 91927 – 0
Munich branch office – Tel.: +49 (0) 8941 32943 – 0
E-Mail: info@aigner-business-solutions.com
For further information please also visit our website: www.aigner-business-solutions.com