How to Facilitate a Privacy Compliant Return to Work: Relevant Laws and Guidance (Part One of Three)

Fund managers are designing strategies to gradually return employees to the workplace after the initial remote arrangements driven by the coronavirus pandemic. Most strategies involve the collection and use of employee information to protect the workforce from the spread of the coronavirus and will therefore require the consideration of privacy issues. This three-part series addresses how to facilitate a privacy-compliant return to work. This first article analyzes the relevant laws and guidance; ways fund managers can balance competing interests of safety and privacy; and anticipated U.S. regulatory considerations. The second article will furnish practical steps to implement an infection response plan, including policies and protocols for identifying and responding to symptomatic or sick employees, as well as insights from practitioners in various organizations about the steps they are taking. The third article will focus on contact tracing and considerations for deciding if, and in what form, it is appropriate for a fund manager. See “Withstanding the Coronavirus Pandemic: Key Person Clauses, Fundraising Disruptions and Deal Flow Issues (Part Two of Three)” (Mar. 31, 2020).

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