GDPR COMPLIANCE FOR TELEMEDICINE AND HEALTHTECH SERVICES

Privacy Policy for Telemedicine and Digital Health Services

Effective: 1 May 2025

1. Introduction

We, the (“Entity”), are committed to protecting your personal data in line with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), EU Digital Health policies, and applicable cybersecurity and AI frameworks. This policy explains how we handle data when delivering remote healthcare, consultations, and digital health services.

2. Data Controller

The Entity is the Data Controller responsible for the digital platform, clinical services, and associated applications.

3. What Personal Data We Collect

We may collect:

• Identification Data: Full name, date of birth, account ID

• Contact Information: Phone number, email, home address

• Health & Clinical Data: Medical history, consultation notes, diagnoses, symptoms, photos, uploaded reports

• Device & Usage Data: IP address, app interaction logs, biometric readings from wearables

• Communications: Video, audio, chat logs (with explicit consent)

• Children’s Data: Processed with parental/guardian authorization

For AI-assisted services, data used for training or analysis is fully anonymized or pseudonymized where required.

4. Lawful Basis for Processing

We rely on:

• Consent (Art. 6(1)(a), 9(2)(a)) – for platform usage, marketing, device data sharing

• Contractual Necessity (Art. 6(1)(b)) – to deliver services as agreed

• Legal Obligation (Art. 6(1)(c)) – for reporting and retention under eHealth regulations

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

• Healthcare Provision (Art. 9(2)(h)) – clinical consultation and care coordination

• Legitimate Interests (Art. 6(1)(f)) – service integrity, fraud prevention

5. Purposes of Data Processing

We use your data to:

• Conduct virtual consultations and assessments

• Share prescriptions and test results

• Monitor biometric health data (where applicable)

• Enhance platform performance and user experience

• Improve diagnostic support tools (under governance and consent)

• Fulfill billing and regulatory requirements

6. Data Sharing and Recipients

Data may be shared with:

• Licensed healthcare professionals and referral partners

• Pharmacies and laboratories (with user authorization)

• Health insurers and payment processors

• Cloud hosting providers and encrypted messaging tools

• AI system developers (with data protection impact and anonymization)

All vendors are GDPR-compliant with Article 28 agreements.

7. Data Retention

• Consultation Records: 10 years after last use (or per medical record retention law)

• Device Logs and Biometric Data: Stored for clinical relevance or 1 year from last activity

• Anonymized AI Training Data: Retained only under strict governance and audit controls

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

Cross-border data transfers (e.g., cloud services, second opinions) are secured using:

• SCCs (Standard Contractual Clauses)

• Adequacy mechanisms approved by the European Commission

• Risk assessments and encryption in transit and at rest

10. Data Security

We implement:

• End-to-end encrypted video consultations

• Multi-factor authentication (MFA)

• Secure data architecture and firewalls

• AI transparency and audit logs for system-supported decisions

11. Data Breach Notification

Any breach involving personal data will be reported to the relevant Supervisory Authority within 72 hours, and to individuals if risk thresholds are met.

12. Automated Decision Making and AI

No significant health or legal decisions are made solely by AI. Diagnostic support tools are reviewed by human professionals.

13. Data Protection Impact Assessments (DPIA)

DPIAs are carried out for:

• New wearable integrations

• AI-supported symptom checkers

• Cross-border telehealth expansions

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