Following the approval of the German Federal Parliament ('Bundestag') and the Federal Council ('Bundesrat'), the Infection Protection Act of 20 July 20001 ('IfSG') was amended, with the new rules coming into effect on 24 November 2021, and some additional regulations on 1 January 2022. The new rules, introduced by the Law Amending the Infection Protection Act and Other Laws on the Occasion of the Repeal of the Determination of the Epidemic Situation of National Scope of 22 November 20212 ('the Law'), will apply nationwide until 19 March 2022, regardless of whether a nationwide epidemic is identified or not. This period can be extended by three months only with a resolution from the Bundestag. In addition, the new rules serve as the legal basis for restrictions on fundamental rights and protective measures. In particular, the newly drafted Section 28(b) of the IfSG introduces the so-called 3G regulation at the workplace, which imposes an obligation on employees to present proof of COVID-19 vaccination, recovery, or test status. In addition, in order to better protect vulnerable groups, employers, employees, and visitors in certain facilities and establishments, such as hospitals, prevention, and rehabilitation facilities, must get tested.
This article is Part one of a two-part Insight on the amended IfSG and outlines the newly drafted Section 28(b) of the IfSG, as well as the guidelines and frequently asked questions ('FAQs') provided at the federal level. Part two will discuss the guidelines and FAQs by the German State data protection authorities.