Data Protection Leader Advocates for Consistent Regulations on Vaccination Status
In a recent interview with the Handelsblatt, Ulrich Kelber, the Federal Data Protection Commissioner of Germany and a member of the Social Democratic Party (SPD), has called for a nationwide uniform regulation regarding the vaccination and testing status of employees. As of mid-2025, however, there is no indication of such a regulation being in place.
Kelber is currently in consultation with relevant ministries on the issue, advocating for data protection-friendly rules should a decision be made on 2G (vaccinated or recovered) or 3G (vaccinated, recovered, tested) status inquiries by employers. He believes that legislators should find a quick solution to avoid creating further patchwork.
The debate revolves around the extent to which employers may inquire about the vaccination and testing status of their employees. According to Kelber, employers do not need to know the specific status of their employees. This stance is consistent with the current framework, which maintains vaccination as voluntary and at the employee's own risk.
Partial vaccine mandates for certain health sectors have existed since 2022, but no general or uniform mandate was implemented after parliamentary rejection. Workplace regulations, such as those from Deutsche Börse Group in 2025, also emphasize the voluntary nature of vaccinations, with no mandatory vaccine or testing requirements currently imposed on employees generally.
Therefore, the current framework does not include a uniform regulation mandating employees to disclose their vaccination or test status. Instead, it reflects voluntary vaccination and individually regulated occupational safety standards, consistent with privacy and data protection concerns likely reflected in Kelber's stance.
As of now, there is no recent public documentation confirming a new uniform regulation proposed or endorsed by Kelber on vaccination and testing status disclosure for employees. This suggests the status quo aligns with privacy protections and voluntary measures rather than a uniform mandatory regulatory approach.
Other discussions in the realm of policy-and-legislation are ongoing regarding the potential inquiry of employees' vaccination and testing status by employers, with Ulrich Kelber advocating for data protection-friendly rules should such regulations be implemented. Without clear indications of a nationwide policy yet, the general news continues to report on the various stakeholders debating the extent of employer rights in these matters.
