Data Protection Law and the EU Digital COVID Certificate Framework

The Proposal for two EU Digital COVID Certificate Regulations was introduced by the European Commission in March 2021. The Regulations were adopted by the European Parliament and the Council in June 2021, presenting three types of certificates to be used as proof for vaccination, test and recovery since 1 July 2021 in the context of the on-going COVID-19 pandemic. The primary aim of the framework is to enable free movement through an EU-coordinated approach. This chapter presents the policy debate up to the adoption of the Proposals, including a brief historical overview and a taxonomy of terms, such as ‘immunity passports’ and ‘COVID-19 health passes’. Later, the chapter sketches out the most important elements of the adopted regulations and accompanying documentation, in relation to the EU data protection law. The chapter concludes with a set of broader considerations on the topic and recommendations as to the implementation of the framework.