Law: what employers may and may not do with genetic analyses

Reviewed by Dr. Daniel Wallerstorfer, molecular biologist and founder of Novogenia · Updated: 15 October 2026 · Reading time: 10 min

In short

A company can pay for a voluntary genetic analysis for its employees – but it may not require one, and it may neither receive nor use the results. In Germany, Sections 19 to 22 of the GenDG set the rules; in Austria, Section 67 GTG, which expressly covers the employer’s agents and staff as well; in Switzerland, Art. 37 to 40 GUMG. Violations can be punished in all three countries. That is why the rule at Novogenia is: the employer gets the invoice, not the result – and no aggregated reports either.

A firewall between genes and job

The German legislature chose a remarkably clear word for employers: they may not even receive the results of their employees’ genetic examinations (Section 19 GenDG). Not just “not require,” not just “not use” – simply accepting them is prohibited. And that applies both before and after employment begins.

Picture a firewall. On one side are the employees’ genes; on the other, employment contracts, promotions and terminations. A health program must never breach that wall, not even through a small door. That is exactly why a program works only on one principle: the company pays, the employee gets the result.

You will find the overview of the laws in Germany, Austria and Switzerland in Corporate health programs with genetic analyses. Here we go one level deeper: who exactly is protected, who is bound besides the employer, what penalties apply – and how to resolve the gray areas of everyday working life.

Room to act and hard limits at a glance

Question	Germany	Austria	Switzerland
May the employer require genetic analyses?	No (Section 19 no. 1 GenDG)	No, nor body substances (Section 67(1) GTG)	No (Art. 37 GUMG)
May the employer accept or use results?	No, neither receive nor use them (Section 19 no. 2)	No, neither collect, accept nor otherwise use them (Section 67(1))	Neither ask for them nor use them (Art. 37)
Who else is bound?	With temporary agency work, the hiring company too (Section 3 no. 13)	The employer’s agents and staff (Section 67(1))	Physicians engaged by the employer (Art. 39)
Genetics in occupational medicine?	Prohibited in occupational medical examinations, narrow exceptions (Section 20)	The ban in Section 67 applies	Only workplace-relevant traits; the employer only learns whether the person is suitable (Art. 38–40)
Penalty	Imprisonment of up to one year or a fine for using results (Section 25(1) no. 5)	Fine of up to 36,300 euros (Section 109(1) no. 1)	For intentional violations, imprisonment of up to three years or a fine (Art. 56(1)(e))

One row is missing on purpose: an exception for results that reach the company “only anonymously” or “only in aggregate.” At Novogenia, the employer receives no aggregated reports either. Why that is wise is explained in Data protection and confidentiality of results.

Germany: who is protected – and how far the protection goes

Germany’s Genetic Diagnostics Act (GenDG) expressly applies to working life (Section 2(1) GenDG). Three details make the protection broader than many people assume:

A wide circle of protected people: “employees” include not only regular staff but also trainees and apprentices, employee-like persons, job applicants and people whose employment has ended (Section 3 no. 12 GenDG). With temporary agency work, the company that hires the worker also counts as an employer (Section 3 no. 13).
A broad definition of “genetic analysis”: it covers any analysis aimed at determining genetic traits (Section 3 no. 2) – which also describes the lab work behind a lifestyle analysis. So treat every genetic analysis at work as if Section 19 applies.
“Receive” includes the voluntary: if an employee brings in her report on her own initiative, HR still does not accept it, does not file it and does not bring it up in any performance review.

On top of that comes the ban on discrimination: no one may be treated less favorably because of their genetic traits – including for refusing an examination or for not disclosing results (Section 21(1) GenDG). For damages, compensation and burden of proof, the rules of the General Equal Treatment Act apply accordingly (Section 21(2) GenDG with Section 15 and Section 22 AGG). If an employee proves facts that suggest discrimination, the company must prove there was none. The rules apply accordingly to federal civil servants and judges and to soldiers (Section 22 GenDG).

An employer that uses results contrary to Section 19 no. 2 risks imprisonment of up to one year or a fine (Section 25(1) no. 5 GenDG); this is prosecuted on complaint. Section 20 GenDG prohibits genetic examinations within occupational medical examinations – what that means for the company physician is explained in The role of the occupational physician.

Austria: the ban also covers the employer’s helpers

Section 67(1) of the Gene Technology Act (GTG) addresses not only employers but expressly their agents and staff as well. For a program, that means HR, managers, an external workplace-health agency or a consultant acting on the company’s behalf – none of them may collect, require, accept or otherwise use results.

Three practical rules follow:

No samples through helpers: the ban also covers requiring or accepting body substances. So saliva samples go neither through HR nor through an agency working for the company, but straight to the lab.
No report access for service providers: whoever runs the program for the company does not see reports. In programs for employers, Novogenia sends the report to the employee only.
No statistics from genes either: “otherwise use” is broadly worded. So do not plan aggregated reports of genetic results for the company either.

Whether a pure lifestyle analysis falls under the GTG’s definition of a genetic analysis in Section 4(23) at all is left open by the text of the law. Our advice is the same as in the longevity guide: plan every program as if Section 67 applies. A violation is an administrative offense with a fine of up to 36,300 euros (Section 109(1) no. 1 GTG).

Switzerland: employment law meets genetic testing law

Switzerland regulates genetic testing in employment in a dedicated chapter of the Federal Act on Human Genetic Testing (GUMG). The principle is in Art. 37: employers may neither require genetic tests outside the medical field, nor ask for medically irrelevant genetic data, nor use such data. Then it gets more specific:

Only what matters at work (Art. 38): genetic tests prescribed in connection with employment may only clarify traits relevant to the workplace. The person concerned learns the result; the physician may only tell the employer whether the person can be considered for the job.
No presymptomatic tests (Art. 39 and 40): neither the employer nor a physician engaged by the employer may require tests for predispositions to disease or ask for data from earlier tests of this kind – with a narrow exception to prevent occupational diseases and accidents.
Only necessary data (Art. 328b of the Code of Obligations, OR): the employer may only process data about employees insofar as it concerns their suitability for the job or is necessary for the employment contract.

The penalty is severe: anyone who, in employment, intentionally requires non-medical genetic tests or uses such data faces imprisonment of up to three years or a fine (Art. 56(1)(e) GUMG).

Our recommendation for practice: neither the company nor a physician it engages should prescribe the analysis, but an independent, authorized health professional with whom employees register themselves. That keeps it clearly recognizable as a private decision. Which professionals may prescribe lifestyle analyses, and why the sample is taken in their presence, is covered in the longevity guide.

Gray areas in everyday practice – and how to resolve them

The report on the desk: an employee puts her report in front of her manager. The answer: hand it back kindly, copy nothing, note nothing.
Genes in a team challenge: rankings, comparisons or teams based on genetic results are off-limits – that would be the company using the results.
Incentives: rewards tied to results are out. For incentives to take part, check carefully whether those who do not join end up worse off. More in Internal communication: participation without pressure.
Apprentices: in Germany they count as employees. At Novogenia, minors receive only non-medical analyses, and only with the written consent of their legal guardians. So plan programs for adult employees.
Teams in several countries: Germany, Austria and Switzerland draw the lines differently, and other countries differ again. Have the concept reviewed for every country in which employees take part.
Medical questions: analyses of predispositions to disease never belong in occupational medical care, but in a separate, voluntary medical service.

The legal check before you launch

For every country in which employees take part, it is clear which rules apply: GenDG, GTG or GUMG – plus data protection.
The invitation requires nothing: no obligation, no follow-up on who has registered.
No route leads results, samples or reports to the company – not through agents, workplace-health providers or managers either.
HR and managers know that they do not accept reports that are offered to them.
No incentive depends on a result, and those who do not take part face no disadvantage.
Medical analyses are kept separate from occupational medical care.
In Switzerland, an independent, authorized health professional prescribes the analysis.
The works council and the data protection officer are involved early.

Who may see which data is covered in Data protection and confidentiality of results; how to pay for the program without raising false expectations about tax breaks or health insurers is shown in Funding: tax, health insurers, budgets.

How we do it at Novogenia

How we put this into practice at Novogenia:

Invoice, not result: the employer receives the invoice – no individual results and no aggregated reports either.
Lifestyle without employer access: with lifestyle analyses, the employer gets no insight into genetic results. The report goes to the employee only.
Medical only through a physician: medical prevention analyses are possible only if the company has an appropriate company physician. Apart from the person tested, only the medical side sees the result – never the employer.
Partners: non-medical only: sales partners can offer only non-medical analyses – lifestyle, nutrition, beauty and sport.
Sample straight to the lab: the saliva sample goes from the employee directly to our own lab in Eugendorf near Salzburg, never through the company. The analysis takes 4 days.

Frequently asked questions

May the company know who takes part in the genetic analysis?

The law mainly targets requiring analyses and receiving and using results. Taking part does not in itself reveal a genetic result. Still, we recommend designing the process so that the company learns as little as possible about who joins: the less it knows, the less room there is for pressure – and in Germany, no one may be put at a disadvantage for declining an analysis (Section 21 GenDG).

May an employee voluntarily show her result to her manager?

What she shares privately is up to her. But in Germany the employer may neither receive nor use the result (Section 19 no. 2 GenDG), and in Austria it may neither accept nor otherwise use it (Section 67(1) GTG). The right response is therefore to decline politely, make no copies and file nothing.

Do the rules also apply to job applicants?

Yes. In Germany, Section 19 GenDG expressly applies before employment begins, and applicants count as employees (Section 3 no. 12 GenDG). In Austria, Section 67 GTG expressly names job seekers. In Switzerland, Art. 37 GUMG generally prohibits employers from requiring non-medical genetic tests or using such data.

What are the penalties for violations?

In Germany, anyone who uses results contrary to Section 19 no. 2 GenDG faces imprisonment of up to one year or a fine (Section 25(1) no. 5 GenDG, prosecuted on complaint); anyone who discriminates against employees is also liable under the rules of the General Equal Treatment Act (Section 21(2) GenDG). In Austria, the fine is up to 36,300 euros (Section 109(1) no. 1 GTG). In Switzerland, intentional violations carry imprisonment of up to three years or a fine (Art. 56(1)(e) GUMG).

May a workplace-health provider see the reports if it runs the program for the company?

No. In Austria, the ban in Section 67 GTG expressly covers the employer’s agents and staff. Plan it this way in every country: in programs for employers, Novogenia sends the report to the employee only.

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Note: This guide is general information for businesses and professionals and does not replace medical or legal advice. The genetic traits determined in a genetic analysis are well documented (each gene included is backed by at least three independent studies); recommendations derived from them are logical conclusions, not scientifically proven. Regulations can change; errors and changes excepted.