CZ Legal Alert - Don’t forget about personal data protection while testing your employees!

• Czech Republic

13-03-2021

The Ministry of Health is issuing extraordinary measures, expanding the range of employers to whom the obligation to test employees for the presence of the SARS-CoV-2 virus applies, meaning the need to obtain the testing kits and to come up with strategies on how, when and by whom will employees be tested. Newly, employers must also provide tests for employees, temporarily assigned by the employment agency, and any other persons who perform work or similar activities at the employer's workplace with his regular employees.

It may be overwhelming, but even at this time, let us not forget about personal data protection.

Employees and other persons need to be informed that alongside with testing, personal data is being processed. They need to know what personal data is being processed, for what purpose and for which legal reasons, furthermore, how long will this data be kept, to whom is may be transferred, etc. Special attention must be paid to the protection and further communication of information on the result of testing, which is classified as one of the sensitive personal data about the health status of the employee. If employers are obliged to keep records of data processing, they must also update them and amend with specific data processing associated with testing.

It is also necessary to set up the relationship with your test provider. Is the provider classified as the data controller or the processor and is there therefore need for a data processing contract or other GDPR-related contract? It depends on the situation, provided services and whether it is a provider of health services or just an external supplier of related "assistance" services.

• Radek Matouš
• Partner
• +420 255 706 554
• +420 255 706 554

• Petra Kratochvílová
• Counsel
• +420 255 706 561
• +420 255 706 561

< Go back