The Czech Data Protection Authority published its statement on measuring the temperature of employees and other persons entering the workplace (2.6.2020)
Under Sections 101 and 102 of Act No. 262/2006 Coll., Labour Code, which regulate the prevention of threats to life and health at work and mandate that employers create a safe and non-hazardous working environment, it is generally possible to measure the temperature of people in the workplace. Besides employees, this obligation also applies to everyone who enters the employer’s workplace (e.g. repairmen, cleaners, drivers, couriers, business partners, etc.).
Of course not all body temperature measurement is automatically considered personal data processing. Measuring the temperature of employees or other persons entering the workplace falls under personal data processing and protection only if the employer records the measurements and processes this data further in connection with other data that could identify the person whose temperature was measured (typically the person’s name). For example, it will not be considered personal data processing if the measurement is used only to determine if the person will be allowed to enter the workplace and is not further recorded or stored.
According to the Czech Data Protection Authority, if the temperature measurement will be subject to further personal data processing, the following rules apply:
- such data processing is based on a legitimate interest of the employer within the meaning of Article 6 (1) f) in connection with Article 9 (2) b) GDPR, which allows the processing of health data to exercise special rights in the field of labour law and helps the employer to meet its obligations in preventing threats to life and health in the current exceptional conditions, including contacting medical personnel;
- the necessity of the body temperature measurement and related personal data processing, even if limited to determining the state of health, must be continuously assessed by the employer as the data controller, especially in terms of the nature of the workplace, the number and concentration of workers or other persons present in the workplace, and the current development of the pandemic;
- following the end of the state of emergency these measures will likely no longer be justifiable and their reintroduction could only be considered if such a situation were to reoccur.
We would also like to remind you that even personal data processing during the state of emergency must comply with all the principles and other obligations stipulated for it, such as the purpose limitation principle (personal data cannot be processed for other purposes that are incompatible with the initial purpose), data minimisation (personal data must be limited to what is necessary in relation to the purposes for which they are processed) or storage limitation (storing data for the necessary time only).
Should you be interested in further information, please do not hesitate to contact our personal data protection experts Lýdia Cadete and Michal Zahradník or your contact person in our office.
This document is only general communication and is not a legal advice in a specific matter.
Plan from the Government of the Czech Republic to open businesses step by step (23.4.2020)
| Day and date | Business activities |
| Monday, 20 April 2020 | Crafts with establishment
Farmers markets Car showrooms and car bazaars Outdoor training activities for professional athletes in small groups where the general public is excluded and strict rules are followed (only professional athletes with professional contracts – MO – AČR and MV ČR) Weddings with less than 10 people following strict hygiene rules |
| Monday, 27 April 2020 | Establishments with sales area of less than 2,500 m2 (including tourist information centres) if not located in shopping centres over 5,000 m2 (not applicable to establishments that will be opened in subsequent stages)
Driving schools Gyms and fitness centres (except showers, changing rooms) Religious services with less than 15 people under specific conditions (were already allowed from 24 April 2020) Libraries Zoos, botanical and dendrological gardens (only outdoor exhibits) |
| Monday, 11 May 2020 | All establishments in shopping centres *
Establishments with sales area of more than 2,500 m2 if not located in shopping centres Restaurants, bars, buffets, coffee shops, wine shops, beer shops with option of sale through a window and with outdoor seating Barbershops and hair salons, pedicure, manicure, solariums, beauty parlours, massage salons, regeneration and reconditioning services Museums, galleries and exhibition halls Palaces, castles and open-air museums (only outdoor exhibits) Training activities outside for professional athletes, excluding the general public |
| Monday, 25 May 2020 | Restaurants, bars, buffets, coffee shops, wine shops, beer shops (internal spaces)
Hotels, camps and other accommodation services (including their restaurants and coffee shops) Taxi services (that were not allowed yet) Trades where the integrity of the skin is violated (tattoo shops, piercing) Theatres, palaces, castles and other cultural activities with specific conditions Cultural, social and sporting events (limit of people will be specified) Recovery events for kids under 15 years of age Other tourism activities Weddings following strict and specific hygiene rules Zoos, botanical and dendrological gardens (including indoor exhibits) |
* In case of positive epidemiological situation and specific hygiene conditions.
Other activities will be allowed in the course of June depending on the epidemiological situation.
Coronavirus and business corporations (17.4. 2020)
On 17 April 2020 the Senate of the Czech Republic approved a bill dealing with the current coronavirus situation in respect of business corporations. The bill states that during the emergency measures (but not later than by 31 December 2020) making it impossible or much more difficult for corporate bodies to hold meetings (and if not stated in a particular case otherwise), the following will be applicable:
- decisions of company bodies by letter (“per rollam”): the statutory bodies of legal entities can make decisions without physically meeting, either in written form or by using other technological means, even if this is not allowed in the company’s founding legal act. This mainly concerns the general meeting, board of directors, administrative board and supervisory board.
- automatic prolongation of term of office: if a term of office of a member of an elected body of a legal entity expires after the Act becomes effective, it shall be extended until the expiry of three months from the day following the end of the emergency measures (this will also apply if the term of office expires within one month of the day following the end of the emergency measures). If the member of the body does not agree, they must communicate this before the end of the term of office.
- renewal of the term of office with the consent of the member of the body: if the term of office of the member of the elected body of the legal entity expired between the day the emergency measures were adopted and the day the Act was adopted, the member’s term of office will be renewed, if they so agree and if no other person is appointed as a new member. The term of office will be renewed from the delivery of the consent to the renewal of the term of office and will be terminated three months after the day following the end of the emergency measures.
- co-optation: if the number of members of the elected body of the legal entity does not decrease below half, the body can with the consent of all members name alternate members of the body until the next meeting of the body authorized to appoint or elect the members, even when this is not allowed in the company’s founding legal act.
- prolongation of six-month period to approve financial statements: if the statutory period for discussing the financial statements of a limited liability company, joint-stock company or cooperative should expire earlier than three months after the end of the emergency measures, it shall expire three months after the end of the emergency measures (but no later than 31 December 2020). This measure has no effect on tax liabilities.
The aforementioned changes will come into effect after being signed by the President on the day of promulgation of the Act.
A plan from the Government of Czech Republic to open businesses step by step (14.4.2020)
This plan was introduced on 14 April 2020.
| Day and date | Business activities |
| Monday, 20 April 2020 | Crafts with establishment
Farmers’ markets Car showrooms and bazaars Outdoor training grounds for professional athletes in small groups with exclusion of public and following strict rules (only professional athletes with professional contracts – MO – AČR and MV ČR) Weddings for less than 10 people following strict hygiene rules |
| Monday, 27 April 2020 | Businesses with sales area less than 200 m2 if not located in shopping centres |
| Monday, 11 May 2020 | Businesses with sales area less than 1000 m2 if not located in shopping centres
Driving schools Gyms and fitness centres (except showers and changing rooms) |
| Monday, 25 May 2020 | Restaurants, bars, buffets, coffee shops, wine shops, beer shops with option of sale through a window and with option of outside seating
Barbers’ shops and hair salons, pedicure, manicure, solariums, cosmetic, masseurs, regeneration and reconditioning services Museums, galleries and exhibition halls Zoos (only outside exhibits) |
| Monday, 8 June 2020 | All businesses in shopping centres
Businesses with sales area larger than 1000 m2 outside of shopping centres Restaurants, bars, buffets, coffee shops, wine shops, beer shops – internal spaces Hotels and other accommodation services including their restaurants and coffee shops Taxi services Crafts where the integrity of skin is violated (piercing, tattoo parlours) Theatres, castles and palaces, other cultural activities following strict hygiene rules Mass events with gradually increasing limit of people Cultural, social and sporting events with limit of 50 people Recovery events for children under 15 years of age Other measures in tourism Weddings following strict and specific hygiene rules Zoos with outside exhibits |
The plan is dependent on the current situation regarding the spread of COVID-19.
Coronavirus won’t stop us, we are working without restriction (20.3.2020)
Our firm is doing everything in its power to prevent the spread of the novel coronavirus in our society. We always put the health of our team and clients first. Therefore we are all working from home right now to avoid unnecessary social contact.
Despite the ongoing COVID-19 pandemic, we continue to provide all legal services without limitation.
We are ready to advise you on all matters relating to coronavirus, but also on any other agenda that affects or interests you. Our entire team is at your disposal on the phone and by email. If necessary, we will be happy to contact you via videoconference or teleconference.
We are monitoring developments closely to help minimize the impact of the current situation on your business.
Do not hesitate to contact us if you have questions about:
- the impact of the government measures on your business;
- planned measures by the state to mitigate the impact on businesses;
- the possibilities to avoid immediate insolvency for a short-term loss of income;
or anything else.
In this difficult time we are offering free consultations on the immediate impacts of the current situation.
We can fully support you even in this exceptional situation thanks to the extensive investments we have made in our IT systems and digitization, as well as the organizational measures taken in connection with our own emergency plan.
All of us at Delta legal wish you good health and fortitude in these difficult times.
We stand by you.
Your DELTA legal
What am I supposed to do as an employer (12.3.2020)
Due to the recent spread of SARS-CoV-2 coronavirus disease causing COVID-19, we are offering employers our legal support in relation to employees. We are ready to advise you through telephone or e-mail consultations and to assist you in the preparation of necessary contractual or internal documentation.
The most important information to keep in mind:
1) If quarantine is ordered, the employee is paid in the same way as in the case of incapacity for work, i.e. the first 14 days of quarantine are paid by the employer and then by the relevant district social security administration.
2) In the case of employees who are providing care for children up to the age of 10 (i.e. until the date of their tenth birthday) due to the closure of school facilities, this care benefit will be paid by the relevant district social security administration.
3) If the employer orders the employee not to work for preventive reasons, it constitutes an obstacle to work on the part of the employer and the employee has the right to compensation equal to his/her average earnings.
4) In shift operation, shifts can be adjusted so that, for example, an employee who may be at risk of getting sick does not have to work two weeks in a row. The employer is obliged to draw up a written schedule of weekly working hours and to inform the employee of the change no later than two weeks in advance, and in the case of a set number of working hours, one week before the start of the shift, unless the employer agrees with the employee on a different notification period.
5) The employer may order employees to take leave, but again at least two weeks in advance. However, the employer and the employee can agree on a shorter notification period.
Information is changing rapidly. The above summary reflects the situation as of 11 March 2020.
We wish everyone good health and steady nerves in the weeks and months ahead.What am I supposed to do as an employee
This document is a general communication and does not constitute legal advice on a specific matter.
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