On Friday 18 September, the UK Government issued a press release stating their intention to produce Regulations requiring designated businesses and organisations, including hospitality, close contact services and leisure venues, to log details of customers, visitors and staff for NHS Test and Trace; and from Thursday 24 September to display official NHS QR code posters under law.

The Government has also produced a website to assist businesses to create their own QR code, which contains advice that reads as follows:

“you should create and display a QR code if you are:

  • a business, place of worship or community organisation with a physical location that is open to the public
  • an event which is taking place in a physical location”

There has therefore been some confusion as to whether only designated businesses or all businesses should display a QR code.

The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 are quite clear. Whilst any business can choose to display an official QR code, and all businesses are encouraged to do so, the Regulations only require ‘relevant premises’ as defined by the Regulations to do so.

The full list of designated premises can be found at: https://www.legislation.gov.uk/uksi/2020/1005/schedule/made

Generally, these are premises in which food is consumed; leisure and tourism services; and businesses that require close physical contact, such as barbers and beauticians.

Whilst it is very unlikely that these Regulations will apply to NFDA members, we would support any member who wishes to assist the NHS Test and Trace service by displaying the official NHS QR code at their site(s). Find out how to do this on the Government’s website.

Businesses storing customer data through NHS Test and Trace must ensure that those data are managed in compliance with GDPR rules. Please refer to Government guidance on maintaining records of staff, customers and visitors for further details.