Data protection compliance during coronavirus pandemic

Where is the connection between data protection and Coronavirus?

If the coronavirus continues to spread, it is likely that employees will become ill. Those responsible must be legally (Article 32 GDPR and the § SECTION 64 BDSG) ensure that data protection-compliant processing is ensured through the use of suitable technical and organisational measures - even in the event of illness of the responsible employee or even managing director.

In the event of an epidemic (the occurrence of an infectious disease in a certain limited area of distribution) or even a pandemic (a widespread epidemic affecting entire regions or countries; a large-scale epidemic), those responsible must pay particular attention to two factors:

• Maintenance and fulfilment of the Rights of data subjects in the time defined by law
• Measures that ensure or maintain IT security in the company, especially with regard to Data breaches and other disturbances which limit the security of the processing of personal data. All this also with regard to the security of operational and business data (BI).

The deadlines for fulfilling the obligations are precisely defined. If you now think that none of this is necessary because you only do business with companies, please bear in mind that people whose data you are processing work everywhere. Your own employees are in particular focus.

What can controllers do?

Over the next few weeks, controllers must expect the coronavirus to spread further. Employers in particular are required to continuously monitor the situation and evaluate it for their own company's employees and customer contact. It makes sense to take concrete measures now.

General protective measures to prevent the spread of the coronavirus in your company

Employees who were in Asia

If employees have been in Asia for the last four weeks, either privately or on business, the possibility of working from their home office should be considered. According to current assumptions, the incubation period is approximately five days. In a small number of affected persons, the first symptoms were observed after approximately 12 days after infection. To be on the safe side, working from the home office for 14 days is recommended.

Missions and other external appointments

Insofar as this is not absolutely necessary, current digital communication should be predominantly digital. Only instruct your employees to attend external appointments in exceptional cases.

Office collaboration

Good hand hygiene and the temporary renunciation of shaking hands are important measures to avoid infection or further spread. Equip your offices with disinfectants and raise awareness of this topic.