Relaxation of COVID-19 Lockdown Restrictions in Select European Jurisdictions
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12 MAY 2020 Relaxation of COVID-19 Lockdown Restrictions in Select European Jurisdictions This document is not offered, nor should it be construed, as legal advice. Accordingly, your receipt of this information or any communication with Kirkland & Ellis LLP or any of its affiliates or their respective attorneys regarding the same will not, except to the extent otherwise provided in a written agreement with Kirkland & Ellis LLP or its affiliates, establish an attorney-client relationship with Kirkland & Ellis LLP or any of its affiliates or their respective attorneys, or preclude Kirkland & Ellis LLP or any of its affiliates or their respective attorneys from representing others in any matter.
Contents
4 UK
11 France
15 GermanyIntroduction
1
Since March 2020, the governments of the UK, France
and Germany have announced a series of mandatory Summary of current lockdown
closures of businesses and premises, as part of their restrictions
stepped-up measures to prevent the spread of COVID-19.
2
As the spread of COVID-19 in the UK, France and
Germany appears to be slowing, governments are
considering whether it is appropriate to introduce certain
Timing and staging of relaxation
relaxations to the lockdown measures currently in force. of lockdown restrictions
This deck summarises the current lockdown restrictions in
3
place in the UK, France and Germany and the current
official guidance (if any) given by the governments in Conditions to relaxation of
each country in respect of the relaxation of such lockdown restrictions
measures, including the timing/staging of and conditions
to any relaxation of existing business closure measures. It
4
also summarises government guidance in the UK, France
and Germany on re-opening of the workplace. Return to work guidance
We are happy to discuss any aspect of the attached with
you.
The considerations are intentionally generic in nature and
non-exhaustive. Issues should be considered in the
context of situation specifics, strategic considerations and
documentation.12 MAY 2020 COVID-19: Relaxation of UK business closure measures and return to work guidance
Relaxation of business closure measures and return to work guidance: UK
The UK has been on lockdown since 21 March 2020, initially for a period of 3 weeks, though this has now been extended on two separate occasions, most
recently until at least 1 June 2020.
During the period of lockdown, the following restrictions have been put in place (NB: the following slide discusses the tentative plan for how these restrictions
may be lifted in England):
► Business closures: To reduce social contact, the UK Government required certain businesses and venues to close. These businesses fall into the
following categories: (i) food and drink establishments; (ii) retail premises; (iii) hotels; (iv) non-residential institutions; (v) assembly and leisure; and (vi)
outdoor recreation. However, the UK Government did carve out a number of specifically identified exceptions to these required business closures – and
these exceptions include, amongst other things, supermarkets, pharmacies, on-line retail, and takeaway and delivery services (with planning regulations
changed to enable those restaurants, cafes and pubs which do not currently offer delivery and food takeaway to now do so). The full list of required
business closures (and associated exceptions) can be viewed here. Please refer to the following slide for details on how/when these business closures
are expected to ease in England.
► Work carried out in a person’s home: Businesses requiring work to be carried out in people’s homes (e.g. tradespersons, repair and maintenance
workers) can continue, provided that the tradesperson is well and has no COVID-19 symptoms. No work should be carried out in any household which is
isolating or where an individual is being shielded, unless (i) it is to remedy a direct risk to the safety of the household; and (ii) where the tradesperson is
willing to do so.
► Businesses that have not been required to close: Employers are required to take every possible step to facilitate their employees working from home,
including providing suitable IT and equipment to enable remote working. Further information is provided on the following slide for those situations where
employees are unable to work from home.
► Prohibitions on public gatherings: To make sure people are staying at home and apart from each other, the UK Government prohibited all public
gatherings of more than two people, unless the gathering is essential for work purposes or falls into a limited number of exceptions (which include funerals,
house moves or to comply with a legal obligation). Workers should try to minimise all meetings and other gatherings in the workplace.
► Penalties for non-compliance: The UK Environmental Health and Trading Standards officers will monitor compliance with the above restrictions, with
police support provided if appropriate. Businesses and venues that breach them will be subject to prohibition notices, and fixed penalties. With the support
of the police, prohibition notices can be used to force a business or venue to close. If prohibition notices are not followed, or fixed penalty notice not paid,
you may also be taken to court with magistrates able to impose potentially unlimited fines. More recently, the UK Government expressed an intention to
increase their powers of enforcement (details of which can be found on the next slide).
► Requiring people to stay at home, except for very limited purposes: In addition to the above, the UK Government guidance also requires people to
stay at home, and leaving the house is only permitted for a limited number of reasons, those being: (a) shopping for basic necessities; (b) exercise
(originally limited to one form per day, but subsequently relaxed, as per the next slide); (c) to seek medical attention; or (d) to travel to work where it is not
possible to work from home. When people are permitted to leave their homes for one of these reasons, they must practice 2 metre social distancing at all
times.
K I R K L AN D & E L L I S 5Relaxation of business closure measures and return to work guidance: UK
On 10 May 2020, the UK Government laid out its conditional “road map” (the “Roadmap”) for ending the lockdown measures currently in place in England,
and the original “Stay at Home” slogan was replaced with the new slogan of “Stay Alert” – a shift in messaging that has not been similarly adopted by the
other devolved administrations in the United Kingdom. For the first time since the COVID-19 outbreak began, real divergences in approach between
England, Northern Ireland, Scotland and Wales have become apparent – and these divergences are flagged below (though this remains a constantly
evolving situation).
► Conditions to relaxation of lockdown measures: The UK Government has presented the following five conditions to the relaxation of lockdown
restrictions:
1. UK National Health Service (NHS) has capacity to provide sufficient critical and specialist medical treatment across the UK;
2. A sustained and consistent fall in daily deaths from COVID-19.
3. Reliable data to show that the rate of infection is decreasing to manageable levels across the board.
4. Operational challenges, including testing capacity and PPE, are in hand with supply able to meet future demand; and
5. Confidence that any adjustments to the current measures will not risk a second peak of infections that overwhelms the NHS.
► The Government has expressed their commitment to ensuring that any adjustment to the current lockdown restrictions (made in pursuance of
implementing the Roadmap), will only be made to the extent that it is compatible with these five tests.
► Measuring the level of “threat” posed by the virus: A "Covid alert system“ (the “Alert System”), with the level of danger rated 1 to 5 (with 5 being the
most critical) is to be introduced in England. This alert system will determine how stringent social distancing measures need to be, and consequently
how quickly the various stages of the Roadmap can be implemented. At the time of making this announcement (on 10 May 2020), England was at
Level 4 on the Alert System.
► A conditional road map for easing lockdown: The Government has put forward a three-stage plan for how the lockdown restrictions (as detailed on
the preceding slide) may be eased in England. This is an indicative plan only however, and the precise timetable for each level of adjustment will
depend on (i) the changing infection risk in England; and (ii) the effectiveness of the Government’s mitigation measures (like contact tracing, for
example). Over the coming weeks and months, the Government will monitor closely the effect of each adjustment, using the Alert System to gauge the
appropriate timeline for the next phase.
► Increased enforcement provisions: The Government is examining more stringent enforcement measures for non-compliance, and has confirmed that
it will look to impose higher fines for those who flout the rules. It has been confirmed that the standard fine for breaking lockdown rules will increase from
the current £60 up to £100 (and this will double with each repeat offence, up to a maximum of £3,200).
K I R K L AN D & E L L I S 6Relaxation of business closure measures and return to work guidance: UK
1. Phase 1 (from 13 May 2020):
► Work: People in England who can work from home should continue to do so. People who cannot work from home (such as those in the food
production, construction, manufacturing, logistics, distribution and scientific research industries) will be “actively encouraged to go to work”, if they
can do so safely. To be clear, this instruction does not apply to any individual working in an industry sector which has been legally mandated to close
(the full list of required business closures can be accessed on the preceding slide).
► To aid the above, the Government has been consulting relevant sectors, industry bodies, local authorities, trades unions, the Health and Safety
Executive and Public Health England on the development of new guidance for employers, on how to make their workplaces "Covid-secure (the
“COVID- Secure Guidance” – to be found here). More details can be found on slide 9.
► Public transport/ face coverings: Individuals are encouraged to continue to avoid public transport wherever possible, and to wear face coverings
in any enclosed spaces where social distancing may not always be possible. The Covid-Secure Guidance emphasises that people should use
home-made coverings, as opposed to specialist masks used by those in a medical or clinical care setting, for example.
► Public Spaces: In addition, people in England will be able to spend more time outdoors "for leisure purposes“, meaning that they will be free to (i)
take unlimited amounts of outdoor exercise rather than only exercising once a day; (ii) sit in parks, and be able to play sports (such as golf, tennis
and fishing) with people from the same household; and (iii) to drive to other destinations (such as parks and beaches) in England, again with
members of the same household, provided always that the existing rules on social distancing are followed. The Government has subsequently
confirmed that it would also be possible for a maximum of two people from different households to meet outside, so long as they remain 2 meters
apart.
► However (i) team sports will not be permitted, except with a person from your own household; and (ii) playgrounds, outdoor gyms and "ticketed
outdoor leisure venues" - where there is a higher risk of close contact - also remain off-limits under Phase 1.
► The Welsh and Scottish governments have confirmed that people can exercise outdoors more than once a day from 11 May 2020 – but aside from
that, none of the other devolved administrations have otherwise embraced the full suite of relaxation measures that are outlined above. When
travelling to outdoor spaces in England, people are therefore reminded to respect the rules in Scotland, Wales and Northern Ireland and not to travel
to different parts of the UK where it would be inconsistent with guidance or regulations issued by the relevant devolved administration.
► International Travel: As part of Phase 1, the Government will also introduce the following measures and restrictions at the UK border (it is not yet
clear whether this guidance refers to air travel only):
̶ a requirement for all international arrivals to supply their contact and accommodation information. They will also be strongly advised to download
and use the NHS contact tracing app;
K I R K L AN D & E L L I S 7Relaxation of business closure measures and return to work guidance: UK
̶ a requirement for all international arrivals not on a short list of exemptions to self-isolate in their accommodation for fourteen days on arrival into
the UK. Where international travellers are unable to demonstrate where they would self-isolate, they will be required to do so in accommodation
arranged by the Government.
► There will be a limited number of exemptions to these International Travel Measures, so as (i) to ensure the continued security of supply into the UK;
and (i) not to impede work supporting national security/critical infrastructure and to meet the UK’s international obligations. All journeys within the
Common Travel Area will also be exempt. These International Travel Measures will not come into force on 13 May but will be introduced as soon as
possible. Further details will be released shortly.
2. Phase 2 (from 1 June 2020 at the earliest):
► Schools: Primary schools in England may be ready to reopen in a phased return from the 1 June. The Government is expecting Reception, Year 1
and Year 6 pupils to return to school initially, with an ultimate ambition for all primary school children to return to school for at least a month before
the summer holiday (if feasible). The Government also expresses an ambition to give secondary school pupils taking key exams in 2021 at least
some face time with their teachers, before the summer holidays.
► Details are not yet available on how school reopening would work in England. But there has been speculation previously that measures to keep
pupils and teachers safe could include: (i) limiting class sizes; (ii) groups of pupils attending on different days; (iii) redesigned classrooms; and (iv)
staggered break times.
► The Welsh and Scottish governments have expressed doubt over school re-openings happening on 1 June. The Government expresses a hope that
the Phase 2 changes pertaining to the re-opening of schools will be coordinated across the UK, but acknowledged that “here may be circumstances
where different measures will be lifted at different times, depending on the variance in rate of transmission across the UK”.
► Non-essential retail: From 1 June, the Government expresses an intention to open certain “non-essential retail” businesses when and where it is
safe to do so, and subject to those retailers being able to follow the new COVID-Secure Guidelines. The intention is for this to happen in phases,
with further guidance expected shortly on the approach that will be taken to phasing, including (i) which businesses will be covered in each phase;
and (ii) the timeframes involved. All other sectors that have been mandated to close because of COVID-19-- including hospitality and personal care–
will not re-open during Phase 2.
► Permitting cultural and sporting events to take place behind closed-doors for broadcast: The Government expresses that this must be carried
out in a manner that “avoids the risk of large-scale social contact”– though no further details are given on how this might occur in practice.
► Re-opening more local public transport in urban areas: The Government expresses that this will be subject to strict measures to limit (as far as
possible) the risk of infection in these normally crowded spaces. Again, no real detail has been provided on this point at present.
K I R K L AN D & E L L I S 8Relaxation of business closure measures and return to work guidance: UK
► Social and family contact: The Government expresses that it has asked the Scientific Advisory Group for Emergencies (“SAGE”) to examine
whether, when and how it can safely change the regulations to allow people to expand their household group to include a maximum of one other
household in the same “exclusive group”. The Government suggests that this could be based on the New Zealand model of household "bubbles"
where a single "bubble" consists of the people that you live with. Over the coming weeks, the Government will engage on the nature and timing of
the measures in this step, in order to consider the widest possible array of views on how best to balance the health, economic and social effects.
3. Stage 3 (from 4 July 2020 at the earliest).
► The UK Government has expressed an intention to reopen at least some of the remaining businesses and premises that have been legally required
to close, including (i) personal care (such as hairdressers and beauty salons); (ii) hospitality (such as food service providers, pubs and
accommodation); (iii) public places (such as places of worship); and (iv) leisure facilities (such as cinemas)– but only where those businesses are
able to meet the COVID-Secure Guidelines. Some venues which are, by design, crowded and where it may prove difficult to enact distancing may
still not be able to re-open safely at this point, or may be able to open safely only in part.
► COVID-Secure Guidance: The UK Government has published detailed guidance covering eight different work settings (those being (i) the businesses
that are currently allowed to open under existing lockdown rules; and (ii) businesses that could begin a "phased reopening" from June 1 2020 (as part of
Phase 2 of the Roadmap) if transmission of the virus decreases).
► The Covid-Secure Guidance covers the following sectors: (i) construction and other outdoor work; (ii) factories, plants and warehouses; (iii) labs and
research facilities; (iv) offices and contact centres; (v) other people’s homes; (vi) restaurants offering takeaway or delivery; (vii) shops and branches;
and (viii) people who work in or from vehicles.
► The guidance is broken down into practical steps the Department for Business, Energy and Industrial Strategy (BEIS) said should be put in place "as
soon as is practical". Key points include the following:
̶ Employers should assess risks in consultation with workers or trade unions. Under health and safety, employment and equalities legislation,
employers should carry out Covid-19 risk assessments and consult with staff or trade unions, as appropriate. Firms should publish the assessment
if possible, with all businesses with more than 50 employees being “expected” to do so.
̶ Where possible, two-metre social distancing should be maintained. Work areas should be redesigned to accommodate a distance of two metres
between people, while other measures could include (i) staggering start times; (ii) creating one-way pathways around sites; (iii) opening more
entrances and exits; or (iv) changing seating plans in break rooms.
K I R K L AN D & E L L I S 9Relaxation of business closure measures and return to work guidance: UK
► Employers should find other ways to manage the risk of transmission, where maintaining two-metre distancing is not possible This could include (i)
putting barriers in shared spaces, (ii) creating shift patterns or fixed teams to minimise contact between people; or (iii) ensuring colleagues are working
side by side of facing away from each other, rather than face-to-face.
► If a risk assessment shows personal protective equipment is required then it must be provided free of charge to workers who need it and must fit
properly.
► Workplaces should be cleaned more frequently, with a focus on objects that are regularly touched by different people such as door handles and
keyboards. Employers are told to provide hand-washing facilities or hand sanitisers at entry and exit points, and a notice to display is available to
download on the UK Government website.
K I R K L AN D & E L L I S 1012 MAY 2020 COVID-19: Relaxation of French business closure measures and return to work guidance
Relaxation of business closure measures and return to work guidance: France
Reminder of business closure measures:
► To prevent the spread of COVID-19, all non-essential businesses and premises involving contact with the public were subject to mandatory closure from
15 March 2020. “Non-essential” businesses and premises involving contact with the public included conference and meeting rooms, theatres, stores
and shopping centres, restaurants and bars (except for their delivery and takeaway services), dance halls and casinos, libraries, exhibition halls, indoor
sports facilities, museums, nurseries, schools, universities and leisure centres.
► Businesses and premises open to members of the public which were entitled to remain open had to comply with strict measures on hygiene and social
distancing of at least one metre. Those included supermarkets, grocery stores, pharmacies, sellers of motor vehicles or repair equipment, gas stations,
sellers of IT equipment, computers, telecommunication equipment, newspapers, tobacco and cigarette products and facilities of an educative nature for
the purpose of hosting children under sixteen whose parents were considered essential workers for the management of the health crisis. Other
businesses which were able to implement remote working were encouraged to do so and, where not possible, had to implement strict hygiene and
safety measures.
► People were asked to remain at home and could only go outside for specific reasons (e.g. grocery shopping, going to work, medical reasons). A time
stamped form had to be filled out to justify the reason for going outside of the home and had to be presented to the police upon request. Penalties could
be imposed.
► Restrictions on access to mainland France and the overseas territories were implemented from 8 April 2020. Permanent residents of France, the EEA,
the UK or Switzerland were still allowed to travel to France. Completion of an “attestation” confirming the necessity of the travel into France was
required for these purposes.
Relaxation of lockdown measures:
► The first phase of relaxation started on 11 May 2020. All “non-essential” businesses and premises receiving public were able to reopen on 11 May 2020
(e.g. small museums, galleries and libraries that can respect distancing guidelines) except for restaurants, cafés, bars, indoor sports facilities and places
with a large audience such as large museums, cinemas, theatres and concert halls. The government will be able to decide on the reopening of such
premises category by category.
► For companies that do not receive members of the public, employers are encouraged to maintain remote working until 1 June 2020 at the earliest.
Employers of those who cannot work from home are subject to the implementation of strict sanitary measures (see below).
► People are no longer required to fill out a time stamped form to go out of their homes but travelling is restricted to up to 100 kilometres from home (or
without limit inside the same “department”) and public or private events are restricted to a maximum of 10 attendees only.
► Restrictions on access to mainland France and the overseas territories are maintained until 15 June 2020. More exemptions will be added for travels
within the European area but conditions remain to be detailed.
► Infected persons who enter the national territory after having stayed during the previous month in an affected zone (other than in the EU) will be subject
to isolation measures during 14 days.
K I R K L AN D & E L L I S 12Relaxation of business closure measures and return to work guidance: France
Timing or staging of relaxation lockdown measures:
► The first phase of relaxation of lockdown measures which started on 11 May 2020 applies to the whole of France (except for Mayotte). Relaxation of
lockdown measures is however subject to stricter conditions in certain territories classified as “red areas” (wearing of PPE imposed in public
transportation, reopening of certain schools delayed and public parks remaining closed). As of 12 May, four regions are classified as “red areas” : Ile-de-
France, Hauts-de-France, Bourgogne-Franche-Comté and Grand Est, which correspond to the north eastern part of mainland France. “Red” means that
the number of new cases is still high, hospital capacity not back to normal and that local testing is not fully ready.
► The situation of cafés and restaurants will be reassessed at the end of May 2020 to determine whether they can reopen on 2 June 2020.
► Malls larger than 40,000 sqm can reopen subject to the authorization of the prefect (except in Ile-de-France where they cannot reopen).
► All events such as concerts, festivals and sports matches involving more than 5,000 attendees will not resume before September 2020.
► The “partial unemployment” measures, which were largely improved as part of the crisis, apply until 1 June. The benefits afforded to employers and
employees will reduce progressively after that date.
Conditions to relaxation of lockdown measures:
Reopening of “non-essential” businesses and premises as well as return to work for those who cannot work from home are subject to the implementation of
sanitary measures to ensure health and safety of employees in the workplace.
► Reopening of “non-essential” businesses and premises: Wearing PPE is recommended and businesses are able to impose the wearing of PPE on
their clients/customers in order to access their premises. Limitations on the number of clients/customers that are able to access business premises at
the same time are imposed (with methods of calculations being provided) and circulation of clients/customers in business premises must be organised
so as to allow for a one metre social distancing between people.
► Return to work for those who cannot work from home: Flexible working hours must be implemented, as far as possible, in order to avoid crossover
between employees and reduce the number of people using public transportation at the same time if remote working is not possible. In the Paris area,
employers must provide a form to their employees to justify them taking public transportation at peak hours. Employers need to make sure that
employees have access to PPE and adhere to French Government social distancing guidelines.
K I R K L AN D & E L L I S 13Relaxation of business closure measures and return to work guidance: France
Return to work guidance:
► Employers have an obligation to ensure health and safety of employees in the workplace. Employers in France need to be extra vigilant as: (a) Labor
Inspectorates are likely to be conducting inspections to ensure that French Government social distancing guidelines are being properly implemented
and adhered to; and (b) some larger French firms have already been ordered, through emergency proceedings, to implement COVID-19 safety
measures and were prevented from opening their sites until those measures were implemented (e.g. Amazon).
► The French Ministry of Labor has issued general guidelines for French employers in relation to COVID-19 (English version to be found here) as well as
a “Return to work protocol” (to be found here). Guidelines are also published regularly by the French Ministry of Labor on social distancing and sanitary
measures by sector (to be found here). These guidelines aim to give advice to French employers and employees on the implementation of sanitary
measures at work (e.g. providing disinfectant, organizing work space to ensure one metre social distancing, enhanced cleaning measures, etc.).
► From an HR perspective, French employers must:
̶ conduct a risk assessment and adapt the so-called DUER (French safety risk evaluation that is mandatory);
̶ inform employees of the COVID-19 risks and the measures taken to mitigate them;
̶ display information on COVID-19 and train employees on the safety and social distancing measures;
̶ work in close collaboration with the staff representatives and labour doctor;
̶ consider whether the business continuity plans and best practices issued by employers’ unions should also be applied (e.g. guidance has been
issued by employers’ unions in the construction and metalworking industries);
̶ ensure protocols are put in place to reduce COVID-19 infection risk and inform employees; and
̶ keep themselves informed on a daily basis of the latest instructions and guidelines from the French public authorities and update the measures
taken by them if necessary.
K I R K L AN D & E L L I S 1412 MAY 2020 COVID-19: Relaxation of German business closure measures and return to work guidance
Relaxation of business closure measures and return to work guidance: Germany
Current Position: Owing to Germany's decentralised political system, there are regional differences in how Germany's 16 states (Bundesländer)
have implemented the lockdown and are now starting to relax lockdown measures. Below is an overview of the general framework of measures taken
in Germany.
► Reopening of Stores/Restaurants/Leisure facilities: Since 6 May 2020, stores are open again and in some states also museums, fitness
studios and churches. Schools have already begun opening for older children; all pupils will be allowed to return to class gradually. Bundesliga
matches without spectators to resume on 16 May 2020. Re-opening of restaurants (which were only permitted to offer food for delivery or pick-up)
is allowed under strict conditions, but decision and implementation left to states.
► Travel/Borders: Temporarily border controls and border crossing restrictions (important reasons required except for transits and commuting) are
in place until mid of May. When reentering Germany, a 14-day quarantine applies. Worldwide tourist travel warning was extended until mid-June
2020.
► Social Distancing: People are allowed to meet and move in public not just with members of their household but also with persons belonging to
one other household. People have to cover nose and mouth in public transport, in some states also in other public places like stores.
► Work: People were allowed at all times to go to work, no restrictions have been implemented in that respect. Many companies have, however,
implemented their own protocols and allowed or ask office workers to work from home.
► Closure of production sites: Due to interruption of the global supply chain and to enhance safety of the workers, most companies closed their
production sites and sent their employees into short-time work which is state subsidised. Since 20 April 2020, some companies have resumed
production slowly under strict conditions, including separate shifts and reduced manpower in confined spaces, mandatory mouth-and-nose
protection if a minimum distance of 1.5 meters cannot be maintained.
► Support for working parents: Emergency care at schools, day-care centres, nurseries and curative day-care centers are available if one parent
works in a systemically important sector. The number of systemically important sectors has been extended.
K I R K L AN D & E L L I S 16Relaxation of business closure measures and return to work guidance: Germany
Relaxation of lockdown measures:
► General Guidance: Germany's economy minister urged the country's 16 federal states to go slowly in lifting coronavirus restrictions to avoid
another outbreak. Population urged to stay at home amid fears COVID-19 infection rate is rising again.
► Opening of Stores: As of 6 May 2020, new guidelines have come into force nationwide allowing the re-opening of all stores regardless of type
and size of the store. A limitation of customers per sqm is planned.
► Hair dresser are opened since 4 May 2020 under high standards of hygiene.
► Social Distancing: Measures to remain in place with certain minor relaxations until at least 5 June 2020.
► Travel/Borders: The borders to be gradually reopened from mid-May.
Timing or staging of relaxation of lockdown measures:
► General Restrictions: Former restrictions will have to be re-introduced at a local level in areas where coronavirus cases rise above a threshold
of 50 people per 100,000 inhabitants within seven days.
► Restaurants/Hotels: From 9 May 2020 till end of May, restaurants and hotels (now also for touristic purposes) will be re-opened, but especially in
this sector, timing, measures and restrictions vary widely between the different states.
► Large public events as festivals and concerts are suspended until September 2020. Thresholds for participants limit are subject to states
regulations.
Conditions to relaxation of lockdown measures
► Personal protective equipment: Mandatory use of personal protective equipment in shops, supermarkets, as well as in buses and trains of
public transport.
► Social distancing: Minimum distance of 1.5 metres and compliance with hygiene standards. Stores and other facilities that are open to the public
must develop hygiene measures, e.g. limit number of visitors, protect employees etc.
► Tracking app: An app for mobile phones that can track and report contact with infected people is currently being developed. However, the
application is voluntary.
K I R K L AN D & E L L I S 17Relaxation of business closure measures and return to work guidance: Germany
Return to work guidance
► Termination of home office: Many employers are considering resuming office work slowly. Employers have to ensure that workplaces meet
strict infection protection requirements.
► German Guidelines: The German Federal Ministry of Labour and Social Affairs has published non-binding safety standard guidelines (can be
found here) including hygiene standards, minimum distance, working time and break arrangements.
► EU Guidelines: European Agency for Safety and Health at Work has also published non-binding guidelines (can be found here) which may be
adopted by upcoming new regulations. These guidelines aim to help employers and workers to stay safe and healthy in a working environment.
Further, the European Council and the European Commission have published an exit strategy that is coordinated with Member states and that is
supposed to prepare the ground for a comprehensive recovery plan and unprecedented investment (the guidelines can be found here).
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