(22.03.2022)
The restrictions due to the Corona pandemic are slowly coming to an end in Germany.
As of March 20th, employers are no longer obliged to check and document the 3G status of their employees (vaccinated, recovered, tested). The corresponding requirement was introduced with an expiration date and this was not extended.
What does this mean for workplaces in Germany?
- The obligation to check the 3G status on a daily basis no longer applies.
- The documentation already accrued must be securely destroyed (after expiry of the retention period, as stated in your data protection notice).
- If you as an employer still want to continue to carry out the checks, this would have to be justified and another legal basis would have to be found for this in accordance with Art. 9 GDPR (the requirements are high; it is best to consult with fox-on).
What remains in Germany is a shortened, updated Corona Occupational Health and Safety Regulation (in German). However, it does not contain any special data protection obligations.
Instead, among other things, there must still be a “company hygiene concept” that takes into account the local infection incidence, there is no longer a strict obligation to have employees work from home, and the employer should offer weekly Covid-19 rapid tests if necessary.
Summary:
In Germany the special Corona regulations for employees relevant to data protection have been withdrawn. The employer is no longer required to keep a 3G record; evidence of this must be securely destroyed after the retention period has expired.