Which business sectors will be most affected by the vaccine roll out and why? Will employers be allowed to have access to this sensitive information and how will that have an impact on employment law?

With or without vaccination, working post-Covid should be different. Employers and employees have experienced telework, which should change how work is carried out. Even if socialisation is still necessary to belong to a community, the pandemic will have a long-term implication on business.

Paris is a good example. According to a study requested by Mastercard, Paris is the second most visited city in the world after Bangkok and before London. Leisure tourism will probably come back to the same level as before the pandemic, but business tourism will be affected by the change. Before the pandemic, Paris was the world champion in organising professional congresses and meetings (1200 a year). Even if most of these congresses still exist, many participants will attend online without buying flight tickets, taxis, hotel rooms, restaurants, or luxury goods, which will have a serious impact on the finances of the whole Paris area.

Regarding privacy and sensitive data, under GDPR data concerning health is defined as personal data related to the physical or mental health of a natural person, including the provision of health care services. Data about health is consequently a special category data (Article 9 (1), GDPR).

In France, employees and employers are encouraged to get vaccinated as part of the vaccination strategy defined by health authorities. Vaccination is based on volunteering and medical confidentiality. As a consequence, an employer cannot ask if an employee is vaccinated, cannot demand to see the vaccination certificate, cannot ask why an employee is not vaccinated or does not want to be vaccinated and cannot make vaccination a requirement for employment.