Refusal to admit the non-vaccinated lacks legal basis

Polish law does not enable restaurants to collect information on the health of their patrons, and citing customer consent is highly dubious.

Der Elefant in Warsaw was the first restaurant in Poland to announce that, as of October, it will admit only customers who have been jabbed, who produce a negative Covid test from the last 48 hours, or who demonstrate that they have recovered from a Covid infection. This statement set off a storm on social media (…)

Bernadeta Kasztelan-Świetlik of GESSEL, former vice president of UOKiK, takes a different view. “In my assessment this is conscious and voluntary consent and, as such, it is valid. I doubt whether the restaurateur is out to build some sort of data base – we are talking more in terms of flashing a document at the door. And anybody who is uncomfortable with this is free to choose another restaurant. As I see it, these measures are warranted by circumstances”, the expert explains (…)

The full text of this article is available in Polish. If you are interested in an English-language version or in discussing the issues raised herein with one of our lawyers, please contact: kontakt@gessel.pl