Client Alert: May an Employer Require Its Employees to Use a Contact Tracing App?

Businesses around the United States are beginning to reopen and more and more will reopen in the coming months.  There is, however, no vaccine for the novel coronavirus and such a vaccine may not be available for more than a year.  Worse yet, many have warned that there may be a “second wave of COVID-19 cases in late fall” of this year.  One strategy to help prevent the spread of the coronavirus absent a vaccine is called “contact tracing”—identifying people who have been exposed to an individual who tested positive and advising them on steps to take (e.g., monitoring for symptoms, self-quarantining, or testing).  Contact tracing with “systems [that] rely on digital surveillance” has, according to the New York Times, “helped Asian countries like South Korea and Singapore contain the spread of the virus.”

Several organizations are working on contact tracing systems, including Apple and Google, which announced earlier in April that they were partnering on a COVID-19 “contact tracing technology” that they plan to roll out starting in May 2020.  While there are differences in the various technologies in development, the basic idea is that a user will receive an alert if the user’s phone has been within a specified range of a phone belonging to someone who tested positive for COVID-19.  While contact “tracing” implies that an app (and therefore the app developer or, potentially, government authorities) will be tracking the location of every user of the app, at least two of the systems being developed, including the Apple–Google technology, will not collect any location data.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: May an Employer Require Its Employees to Use a Contact Tracing App?

Businesses around the United States are beginning to reopen and more and more will reopen in the coming months.  There is, however, no vaccine for the novel coronavirus and such a vaccine may not be available for more than a year.  Worse yet, many have warned that there may be a “second wave of COVID-19 cases in late fall” of this year.  One strategy to help prevent the spread of the coronavirus absent a vaccine is called “contact tracing”—identifying people who have been exposed to an individual who tested positive and advising them on steps to take (e.g., monitoring for symptoms, self-quarantining, or testing).  Contact tracing with “systems [that] rely on digital surveillance” has, according to the New York Times, “helped Asian countries like South Korea and Singapore contain the spread of the virus.”

Several organizations are working on contact tracing systems, including Apple and Google, which announced earlier in April that they were partnering on a COVID-19 “contact tracing technology” that they plan to roll out starting in May 2020.  While there are differences in the various technologies in development, the basic idea is that a user will receive an alert if the user’s phone has been within a specified range of a phone belonging to someone who tested positive for COVID-19.  While contact “tracing” implies that an app (and therefore the app developer or, potentially, government authorities) will be tracking the location of every user of the app, at least two of the systems being developed, including the Apple–Google technology, will not collect any location data.

To read the full article, please click here.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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