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Ana Hadnes Bruder is a senior associate in the Intellectual Property practice of the Frankfurt office.

Ana is a registered lawyer in Germany and Brazil and has ten years of international experience as legal counsel. Ana advises clients in intellectual property and information technology law, with a focus on data privacy and cybersecurity matters, including related regulatory issues. Her practice covers the acquisition and licensing of IP rights, research and development and cooperation agreements, as well as trademark and patent infringement proceedings.

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In early April, the Robert Koch Institute, which is a Federal Institute on behalf of the Federal Ministry of Health, released a COVID-19-App (the “App”). The purpose of the App is to help the Government understand the spread of the virus geographically based on the likelihood of COVID-19 symptoms experienced by App users, and to better estimate the possible number of undetected COVID-19 infections.

A detailed Q&A was made available to users[1]. Interestingly, the App is called “Corona Data Donation App” to emphasize that data is given freely by users.


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There is a lot of uncertainty as to when the Brazilian Data Protection Law (No. 13,709 – “LGPD”) will come into force. Such uncertainly has been significantly increased due to the current scenario of Covid-19. However, data protection compliance projects should not be postponed or implemented superficially, especially considering (i) their direct impact in a

The fight against the COVID-19 pandemic lead to the deployment of unprecedented responses by states and organizations; from “data against corona” initiatives (i.e., use of “anonymized” and “aggregated” mobile data as part of monitoring the success of in-shelter rules) to employers around the globe eager to protect their workforces and launching corona-investigations (inquiring about personal travels, imposing self-quarantine measures, etc.).

Even more in stretched times, attention shall be paid to the balancing of those initiatives against the fundamental right to privacy of individuals. In this context, many national data protection authorities in the European Union and the United Kingdom issued guidelines on the processing of personal data as part of the COVID-19 crisis in an effort to define what is possible and what is not.

We summarize below the approach taken in relation to three aspects of employee-privacy, namely: the opportunity for employers to request employees to disclose symptoms, the conduct of examination of employees and, finally, the disclosure of affected employees’ identity to peers.

A snapshot is provided for Belgium, France, Germany and the United Kingdom. For a broader review of cybersecurity and data privacy aspects in relation to COVID-19, please read our Legal Update on the subject.

Enjoy the reading.

Diletta De Cicco and Charles Helleputte


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