taverneF. S. Doğande Hert,PaulCzarnocki,JanPalka,Przemyslaw2025-01-312025-01-312024-10-03F. S. Doğan, & de Hert, P 2024, EU digital COVID certificate regulation : A retrospective analysis on proportionality and data protection. in J Czarnocki & P Palka (eds), Proportionality in EU digital law : Balancing conflicting rights and interests. Hart Publishing, pp. 257-266. https://doi.org/10.5040/9781509974542.ch-01297815099745119781509974535ORCID: /0000-0003-4084-6898/work/17147980910.5040/9781509974542.ch-012https://hdl.handle.net/20.500.14602/25874Several scientific studies documented the controversial effects of the usage of immunity certificates. In these studies there was no additional assessment regarding the proportionality principle. More generally, we missed a proportionality discussion in many discussions about COVID measures. In the course of this study, we have been able to find only one proportionality assessment conducted by a court relating to the EU Digital COVID Certificate Regulation. This is a peculiarity considering the numerous fundamental rights which were affected by the implementation of the Regulation. Moreover, Member States brought additional restrictions to the standards of the Regulation and used the data from certifi cates for other purposes. The extensive implications which were carried by the Member States showed that the effects of the Regulation reached further than expected. Unforeseen consequences, as mentioned throughout this chapter, amplify the requirement for systematic proportionality testing by regulators, also in times of crisis.enginfo:eu-repo/semantics/openAccessSDG 3 - Good Health and Well-beingChapterGeneral rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. - Users may download and print one copy of any publication from the public portal for the purpose of private study or research. - You may not further distribute the material or use it for any profit-making activity or commercial gain - You may freely distribute the URL identifying the publication in the public portal" Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.https://cris.vub.be/en/publications/eu-digital-covid-certificate-regulation-a-retrospective-analysis-on-proportionality-and-data-protection(8691bbb8-6dc6-46f8-93e3-a9bc647d685c).htmlhttps://www.scopus.com/pages/publications/85202990919embargoed10601430468737310https://research.tilburguniversity.edu/en/publications/858f9c8b-de8a-4823-9223-b08eae1e3a4c(c) Universiteit van TilburgF. S. Doğande Hert, Paul§0000-0003-4084-6898Czarnocki, JanPalka, Przemyslaw