Coronavirus: update of the recommendations of the CNPD regarding the collection of personal data within the context of the Covid-19 crisis

23 Dec 2020


Dorothée David

The recommendations issued by Luxembourg’s national data protection commission (Commission nationale pour la protection des données, CNPD) about the collection of personal data within the context of a health crisis (see our Newsflash dated 23 March 2020 and our Newsflash dated 16 June 2020) were updated on the CNPD’s website on 21 December 2020.

These recommendations relate to private and public sector employers, and mainly focus on the following points:

  • Healthy and safety obligations of employers

The CNPD encourages employers to keep checking the information provided by the government and the ITM to make sure they are aware of their health and safety obligations during the health crisis.

  • Health and safety obligations of employees/agents

The CNPD explains that, in accordance with article L. 121-6 of the Labour Code, if an employee is ill, they only need to inform their employer of their inability to work, without needing to provide any other details about the state of their health or the nature of their illness, including the fact that an employee has tested positive for COVID-19 or is suffering from any symptoms.