Intellectual Property and Technology
1. Can an employer carry out temperature monitoring and other health checks on employees and visitors prior to them entering work premises?
An employer can carry out temperature monitoring on employees and visitors if it complies with the requirements set out by the deliberation No. D-106-EUS-2020 from the Moroccan data protection authority (CNDP). Employers must ensure prior notification of such monitoring and checks by way of a poster or pictogram placed at the entrance to the workplace.
2. Can an employer ask employees and visitors to complete a questionnaire on whether they are experiencing typical COVID-19 symptoms, have been in contact with an infected individual, or recently travelled to high risk countries?
Yes, it is possible for the employer to ask employees and visitors to complete a questionnaire, provided that the questionnaire is strictly limited to COVID-19 symptoms and COVID-19 contacts.
3. Can an employer require their employees to notify them if they or a member of their household has contracted COVID-19, or that they have the antigen?
Employees are obliged to notify their employer if they are experiencing any COVID-19 symptoms or have contracted COVID-19. This obligation is also applicable where a member of the employee’s household has contracted COVID-19.
4. Can an employer tell their employees that a colleague may have potentially contracted COVID-19?
Employers have no right to disclose to other employees the identity of an employee who has potentially contracted COVID-19.
5. Can an employer share information with a health authority about COVID-19 cases they become aware of?
The employer must inform health authorities as soon as an employee has COVID-19 symptoms in order to support the sick employee and carry out COVID-19 testing on other employees.
6. Can an employer send employees’ health data to one of their affiliates outside the EEA or otherwise in another jurisdiction?
The health data is considered sensitive data and so could not be sent to any entity, even an affiliate, outside of Morocco. Health data is strictly confidential; the employer and the company’s occupational doctor are the only ones who can have access.
7. Can an employer monitor how employees move around the workplace to help keep social distancing rules?
Employers should monitor employees’ movements in the workplace to comply with the government’s social distancing rules.
8. Does an employer need to comply with any other GDPR principles or local privacy laws, when collecting data for the purpose of tackling COVID-19?
Under local privacy laws, the employer needs to obtain prior authorisation from the Moroccan data protection authority (CNDP) before the implementation of temperature monitoring.
9. What are the risks if I am in breach of the GDPR or local privacy laws?
Failure to obtain authorisation from the CNDP can result in fines of up to MAD200,000.
Heath data processing without prior consent of the data subject (either employee or visitor) exposes the employer to fines of up to MAD600,000 and/or imprisonment from three months to one year.