Green Pass and its impact on startups and CEOs

green pass

Focus on Green Pass and on the legal preventive protection approach to support startups with a legal advisor

Interview with a Lawyer on how to help startups in the correct use of Green Pass laws

Let’s meet Alfonso Scafuro, Lawyer for companies and startups

Alfonso Scafuro is owner of the Scafuro Law Firm.

He is registered in the Italian Patent and Trademark Office and is a legal advisor for startups and other companies in corporate law and other legal matters.

Hi Alfonso, today we would like to address a topical issue with you and we would like you to clarify the use of the Green Pass.

Very good! The Green Pass Certification COVID-19 – EU digital COVID certificate was born from a proposal of the European Commission to facilitate the free and safe movement of citizens in the European Union during the COVID-19 pandemic.

It is a digital and printable (paper) certification, which contains a two-dimensional barcode (QR Code) and a qualified electronic seal. In Italy, it is only provided by the national platform of the Ministry of Health.

The Certification attests one of the following conditions:

  • have had the COVID-19 vaccination (in Italy it is provided both for the first dose and for the completion of the vaccination cycle)
  • proved negative at the rapid antigen test or molecular test performed within the last 48 hours
  • have been cured from COVID-19 in the past six months

In Europe, from 1st of July, the COVID-19 Green pass is valid as an EU digital COVID certificate, which has made it easier to travel to and from all countries of the European Union and the Schengen area.

We are also a bit curious about the use of the Green Pass in Europe, can you give us some references maybe even with some examples of its use in the business environment?

In France, the Green Pass is compulsory only for employees who work in tourism, transport, catering and healthcare, with suspension of the employment contract for offenders.

In Germany, it is currently only required in the healthcare sector for doctors, nurses and hospital staff.

In Greece, it is compulsory for public or private workers.

In the other nations of the Union, for now, there are no extensions of the Green Pass obligation in the workplace.

These regulations are always being updated, therefore in the short term they could be more favorable or restrictive.

What impact does the Green Pass have in the workplace in Italy?

In Italy, from 15th of October to 31st of December 2021, the obligation of the Covid-19 Green Pass will be extended to the entire world of public and private work. This is the provisions of the decree approved by the Council of Ministers on 16thof September 2021. All workers must be in possession of a valid Green Pass to access the jobs.

Who are the workers required to have the Green Pass?

The law identifies employees, consultants and those who generally work with external contracts as workers.

What obligations are imposed to Startuppers and CEOs?

Startuppers and CEOs are obliged to prepare a control protocol for the possession of the Green Pass by the workers who enter the workplace.

They can appoint managers to carry out the checks.

If they do not prepare the protocol and do not check the workers, they can have a penalty of up to a thousand euros.

What risks could there be for a startup in law enforcement?

The risks concern the balance between the control obligations and the correct management of sensitive data to be processed in accordance with the GDPR and the guidelines of the Privacy Guarantor.

The law provides for the validity of the Green pass to be checked by means of the “VerificationC19” app with only the reading of the QR code, but not the conservation by the CEO.

The protocol carried out in this way makes it possible not to reveal the health event that generated the Green Pass and therefore to protect the privacy of the employee.

How can a legal expert protect a startup in this context?

By designing a protocol that considers the size and needs of the company with a broad point of view among all the laws concerning the subject.

Preventive protection with adequate and specialized compliance optimizes company resources and protects them from any sanctions or offenses.

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