New Danish Law on Covid-19 Testing and Corona Passports
The Danish Parliament has adopted a new law, which came into force on 26 November 2021. The law reintroduces the requirement that companies can require their employees to be tested for Covid-19 and inform the company of the test result. As something new, the law also allows companies to require corona passports for their employees as well as the use of self-tests in the workplace. The new rules apply until 11 December 2021, with the possibility of extension.
Background and Purpose
The new law is based on a tripartite agreement between the social partners and the government. It aims to ensure the continued operation and safety of the workplace.
Requirement for Corona Passports for Employees
The law allows for the introduction of a requirement for corona passports for employees. Companies can require their employees to show a corona passport at work if certain conditions are met and as long as Covid-19 is considered a socially critical disease. The conditions are as follows:
- Companies must inform employees in writing that a requirement for corona passports is being introduced and the reason for introducing the requirement.
- If the requirement to show a corona passport involves employees needing to test themselves, the company must ensure that this is done safely. Self-tests should take place during working hours as far as possible.
- The company must comply with consultation and information requirements pursuant to legislation and collective agreements.
As an employer, you can only use the justification that Covid-19 is categorized as a socially critical disease.
Requirement for Testing
Companies can by law require their employees to be tested for Covid-19 and inform the company of the test result. Prior to this law, testing requirements were regulated by a special law that has now expired. The new law introduces the possibility of using CE-approved self-tests in the workplace to meet the testing requirement.
Employees who are vaccinated or have previously been infected with Covid-19 cannot generally be required to be tested unless there are special circumstances, such as a major outbreak of infection in the workplace.
As an Employer, You Should Be Aware
As an employer, it is important to note that the new rules regarding corona passports for employees do not allow companies to process the personal data obtained from corona passports. This means that you are not allowed to digitally register or store this information in a database. Additionally, you may not disclose this information, as this would constitute data processing.
The conditions for requiring tests and corona passports are different, so it is essential to treat these requirements separately.
At Raadgiver.dk, we have provided legal assistance to companies dealing with self-swab kits, and we have experience with this process. Providers now exist that can automatically send test results as a digital certificate, which is recommended.
You can read more about general employment law here.
Contact a specialist
If you need clarification in relation to a specific case, regarding what you as an employer can impose on your employees or something else, we at Raadgiver.dk are ready to help.
