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 2021 ('the Law') was published, on 23 November 2021, in the Federal Law Gazette, following the approval of the Parliament ('Bundestag') and the Federal Council ('Bundesrat'), and will come into force on 24 November 2021.

In particular, Article 1 of the Law introduces changes to the Infection Protection Act of 20 July 2000 as amended ('IfSG'). More specifically, Article 1(3a) amends Section 28(b) of the IfSG, providing, among other things, that employers and staff in certain institutions and enterprises may process personal data of employers, employees, visitors, and guests, including data on vaccination, serostatus, and test status with regard to COVID-19, insofar as it is necessary to fulfil their obligation to monitor compliance with various provisions of Section 28(b) of the IfSG.

In addition, Article 1(4) of the Law modifies Section 36(3) of the IfSG, allowing employers in certain institutions and enterprises to process personal data of employees about their vaccination and serostatus with respect to COVID-19, in order to decide on the establishment of an employment relationship or on the type of employment, to the extent necessary in order to prevent the spread of COVID-19 and until the end of 19 March 2022, irrespective of the determination by the Bundestag of an epidemic situation of national scope.

You can read the Law, only available in German, here.