GDPR COMPLIANCE FOR MEDICAL CLINIC

Privacy Policy for Private Medical Clinic

Effective: 1 May 2025

1. Introduction

We, the (“Entity”,) are committed to protecting your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and sector-specific regulations, including the Medical Devices Regulation (EU) 2017/745 (MDR), where applicable. This policy details how we collect, use, share, and protect your data in delivering medical services.

2. Data Controller

The Entity is the Data Controller, responsible for your data in compliance with Article 4(7) GDPR.

3. What Personal Data We Collect

We collect the following categories of personal data:

• Identification Data: Name, DOB, ID/passport number, gender

• Contact Information: Address, phone number, email

• Medical & Clinical Data: Diagnoses, prescriptions, lab results, care history

• Operational & Appointment Data: Consultation notes, scheduling history

• Health Device Data: If applicable, data from any connected devices used for monitoring

• Financial Data: Billing records, payment method, insurer details

• Children’s Data: Collected only with verified parental/guardian consent

All medical data is processed with a focus on data minimization and purpose limitation in line with Article 5 GDPR.

4. Lawful Basis for Processing

Data is processed under:

• Consent – for elective treatments and marketing communications (Art. 6(1)(a), Art. 9(2)(a))

• Contractual Necessity – for medical service provision (Art. 6(1)(b))

• Legal Obligation – for public health reporting, insurance audits (Art. 6(1)(c))

• Vital Interests – emergency care (Art. 6(1)(d))

• Healthcare Provision – for primary medical care (Art. 9(2)(h))

• Legitimate Interests – clinic audits, non-marketing communications (Art. 6(1)(f))

A Legitimate Interest Assessment (LIA) is conducted where applicable.

Purposes of Data Processing

Your data is processed to:

• Diagnose, treat, and manage patient health

• Maintain legally required patient medical records

• Coordinate with laboratories and pharmacies

• Provide secure appointment and reminder systems

• Fulfill regulatory obligations (e.g., public health surveillance)

• Process financial transactions and insurance reimbursements

6. Data Sharing and Recipients

Data may be shared with:

• Licensed healthcare professionals

• Diagnostic labs and pharmacies

• Insurance and billing providers

• Data processors (IT services, EHR platforms)

• Regulatory authorities, when legally required

All third-party providers are under Article 28 GDPR-compliant contracts. Sensitive data disclosures to insurers are limited to what is strictly necessary.

7. Data Retention

Retention periods include:

• Medical Records: Minimum of 10 years post last contact or per national health law

• Billing Records: 6 years in accordance with tax legislation

• Device Data (if applicable): Retained for the product lifecycle and auditability period per MDR requirements

8. Data Subject Rights

You have the right to:

• Access (Art. 15)

• Rectify (Art. 16)

• Erase (Art. 17)

• Restrict (Art. 18)

• Portability (Art. 20)

• Object (Art. 21)

• Withdraw consent at any time (Art. 7(3))

Requests can be made via the DATA SUBJECT ACCESS REQUESTS below.

9. International Transfers

Transfers outside the EEA occur only when:

• SCCs or BCRs are in place

• An EC adequacy decision exists

• Your explicit consent is obtained (in limited contexts)

Cross-border data sharing is governed by documented risk assessments.

10. Data Security

Security measures include:

• End-to-end encryption (TLS/SSL)

• Access controls and staff training

• Secure clinical systems and multi-factor authentication

• Regular penetration tests by certified cybersecurity experts

11. Data Breach Notification

In line with Articles 33 and 34 GDPR:

• Supervisory Authorities will be notified within 72 hours

• Affected individuals will be notified if high risk is identified

12. Automated Decision Making

We do not engage in automated decision-making or profiling with legal or similarly significant effects.

13. Data Protection Impact Assessments (DPIA)

DPIAs are routinely conducted for:

• New diagnostic or digital health technologies

• Any high-risk processing of special categories of data

14. Cookies and Tracking

We use cookies and similar tracking technologies strictly for essential website functionality, security, and analytics. No profiling or advertising cookies are used without your prior explicit consent.

15. Complaints

You may lodge a complaint with your Supervisory Authority if you believe your rights are infringed via CONTACT SUPERVISORY AUTHORITY below.

16. Use of Artificial Intelligence (AI) and Automated Tools

We may use Artificial Intelligence (AI) or automated technologies to support the delivery, analysis, or improvement of our services. Any deployment of AI is conducted in accordance with applicable laws, including the GDPR and forthcoming EU AI Act, and is subject to the following safeguards:

• Transparency: Where AI tools are used to process personal data (e.g., chatbots, service optimization, fraud detection), individuals are clearly informed at the point of interaction.

• Human Oversight: All AI-supported functions are subject to human review and final decision-making. No fully automated decisions with legal or similarly significant effects are taken without human intervention.

• Fairness and Accuracy: AI systems used by the Entity are regularly monitored to ensure outputs are non-discriminatory, accurate, and aligned with intended purposes.

• Data Minimization: Personal data used in AI models is limited to what is strictly necessary, and anonymization or pseudonymization is applied wherever feasible.

• Third-Party AI Providers: If AI services are sourced from external vendors, they are required to comply with our data protection standards and are bound by GDPR-compliant agreements (Art. 28).

• Rights of Individuals: Data subjects retain all applicable GDPR rights, including the right to object to automated processing (Art. 21) and to receive meaningful information about the logic and implications of any AI-supported decisions (Art. 22).

This clause will be updated as legal frameworks governing AI continue to evolve.

17. Updates
This policy is reviewed annually and updated to reflect changes in law or service station operations.

We the ENTITY take your privacy seriously and treat your personal information with the same care and respect we would expect for our own. This policy has been developed to comply with relevant data protection laws in our jurisdiction and, where necessary, with those of other applicable regions. If you have any concerns or identify areas where you feel we may not be meeting our responsibilities, please don’t hesitate to get in touch using the contact methods listed at the end of this policy. We are committed to addressing any issues promptly and transparently.

A specialized compliance team has created this policy

1. Data Protection Officer (DPO) – Regulatory Oversight

• Ensures all policies strictly adhere to GDPR principles (lawfulness, transparency, data minimization, etc.)

• Coordinates legal review of lawful basis, data subject rights, international transfers

• Leads DPIA structure and breach protocols

2. Healthcare Compliance Specialist – Clinical & Sector-Specific Accuracy

• Aligns policies for clinics, hospitals, diagnostic labs, and CROs with EU healthcare-specific laws (e.g., MDR, IVDR)

• Validates handling of health data, pseudonymization, and patient consent

3. Cybersecurity Expert – Data Security & Technical Controls

• Reviews and enhances sections on encryption, access controls, breach response

• Assesses vulnerabilities in telemedicine, HealthTech, and device ecosystems

4. Clinical Trials Legal Advisor – Research & Ethics Governance

• Provides expert review of consent models, data minimization, and pseudonymization in CRO/trial sponsor contexts

• Validates retention and secondary use of trial data

5. Insurance & Claims Data Analyst – Financial & Claims Compliance

• Reviews insurance provider policy to ensure lawful processing of medical + financial data

• Checks fraud detection profiling, cross-border reinsurance handling

6. Social Care & Safeguarding Expert – Care Facilities Privacy

• Ensures care home, mental health, and disability service policies reflect safeguarding, social care, and public interest standards

7. Occupational Health Specialist – Employment Health Interface

• Validates lawful employer data access, fitness for work processing boundaries, and health/safety recordkeeping

8. Medical Device Regulatory Consultant – MDR/IVDR Alignment

• Ensures policies for device providers include obligations under EU Medical Device Regulation and post-market surveillance practices

9. Digital Health & AI Legal Advisor – Emerging Tech Compliance

• Checks AI/algorithmic decision-making disclaimers in telemedicine & HealthTech

• Ensures policies reflect EU AI Act intersections where applicable

10. Cross-Border Transfers Specialist – International Data Governance

• Verifies compliance mechanisms for SCCs, BCRs, and adequacy decisions across all entities transferring data internationally