Telemedicine and GDPR – A Guide for European Healthcare Providers

In this guide, you’ll learn:

• What GDPR requires from digital healthcare providers in terms of handling personal and patient data,
• The legal basis for processing health data under the EU General Data Protection Regulation (GDPR),
• Which data protection measures are mandatory, including data storage, encryption, and access control,
• How to avoid common risks related to transferring patient data outside the EU/EEA,
• How digital healthcare solutions can enhance privacy, accessibility, and data security,
• How to evaluate and select a GDPR-compliant healthcare software provider.

What is Telemedicine?

Telemedicine, the practice of delivering healthcare services remotely through digital communication technologies, has seen a rapid rise in adoption in recent years, particularly in the wake of the COVID-19 pandemic. While telemedicine offers significant benefits in terms of convenience, accessibility, and efficiency, it also raises important privacy and data protection concerns, particularly in light of the European Union’s General Data Protection Regulation (GDPR).

7 Principles of Data Protection According to the GDPR

The GDPR is a comprehensive data protection framework that establishes a set of principles for the collection, use, and processing of personal data. These principles apply to all types of personal data, including health data, and are particularly relevant to the practice of telemedicine.

The key principles of data protection according to the GDPR are:

1. Lawfulness, fairness, and transparency: Personal data must be collected and processed in a lawful, fair, and transparent manner. This means that individuals must be informed of the purpose and legal basis for the collection and processing of their data and must be provided with clear and accessible information about their rights and how their data will be used.
2. Purpose limitation: Personal data must be collected and processed for specified, explicit, and legitimate purposes. This means that data should not be collected or used for any purpose that is incompatible with the original purpose for which it was collected.
3. Data minimization: Personal data must be adequate, relevant, and limited to what is necessary for the purposes for which it is processed. This means that only the minimum amount of data necessary should be collected and processed, and that data should be kept accurate and up to date.
4. Accuracy: Personal data must be accurate and, where necessary, kept up to date. This means that data must be checked for accuracy and corrected or deleted if it is found to be incorrect or out of date.
5. Storage limitation: Personal data must be kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the data is processed. This means that data should be securely stored and deleted or anonymized when it is no longer needed.
6. Integrity and confidentiality: Personal data must be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing, accidental loss, destruction, or damage. This means that appropriate technical and organizational measures must be in place to protect personal data from security breaches.
7. Accountability: Organizations that collect and process personal data must be able to demonstrate compliance with the GDPR. This means that they must have policies and procedures in place to ensure that personal data is collected, used, and processed in accordance with the GDPR, and must be able to demonstrate that they have taken appropriate steps to protect personal data from security breaches.

In the context of telemedicine, these principles require that practitioners ensure that personal data, including health data, is collected, and processed in a manner that is transparent, secure, and compliant with the GDPR. This includes implementing appropriate technical and organizational measures to protect personal data, providing clear and accessible information to patients about how their data will be used, and ensuring that data is only collected and processed for legitimate purposes. By adhering to these principles, practitioners can ensure that telemedicine services are delivered in a manner that protects patient privacy and data protection while enabling the benefits of remote healthcare delivery.

Storage of Patient Data Within the EU/EEA – A Critical Aspect of GDPR Compliance

Choosing a telemedicine provider that keeps patient data within the EU/EEA and does not transfer data outside of the EU/EEA is essential for ensuring compliance with the GDPR and protecting patient privacy. The GDPR places strict limitations on the transfer of personal data outside of the EU/EEA, particularly to countries that do not have adequate data protection laws in place. This is because such transfers can increase the risk of unauthorized access, loss, or misuse of personal data, and can undermine the protections afforded by the GDPR.

When choosing a telemedicine provider, it is important to carefully review their data processing policies and procedures to ensure that they comply with the GDPR. This may include verifying that the provider processes data only in the EU/EEA, or that they have appropriate data transfer mechanisms in place to ensure that data is transferred in compliance with the GDPR.

However, choosing a telemedicine provider that keeps data within the EU/EEA can be challenging. Many providers operate on a global scale and may transfer data outside of the EU/EEA to servers located in other countries, particularly in the United States. This can create significant data protection risks, as the United States does not have an adequacy decision from the EU and is not considered to have adequate data protection laws in place.

To address this challenge, some telemedicine providers have implemented measures such as data localization, encryption, and anonymization to protect patient data and ensure compliance with the GDPR. Some providers have also established partnerships with local data centers or cloud providers to ensure that data remains within the EU/EEA. Going above and beyond, there is one or two providers that are independent and does not use any sub processors based outside of EU/EEA, making their platform truly safe from data transfer outside of EU.

Ultimately, choosing a telemedicine provider that complies with the GDPR and keeps data within the EU/EEA is critical for protecting patient privacy and ensuring the security of personal data. By carefully evaluating the data processing policies and procedures of telemedicine providers and choosing a provider that prioritizes data protection and compliance, patients can benefit from the convenience and accessibility of telemedicine while maintaining the highest standards of privacy and data protection.

How can your organization choose the right technology partner for GDPR-compliant digital healthcare?

For healthcare organizations, choosing the right software provider that values and follows correct data handling practices presents a significant opportunity to improve the quality of patient care while also ensuring compliance with the GDPR. By working with a provider that prioritizes data protection and compliance, healthcare organizations can leverage the benefits of telemedicine to improve patient outcomes and increase access to care, while also safeguarding patient privacy and data protection.

One of the key benefits of working with a telemedicine provider that values and follows correct data handling practices is improved patient engagement and satisfaction. Patients who feel that their data is being handled securely and responsibly are more likely to trust and engage with their healthcare provider, leading to improved health outcomes and a better patient experience overall. Additionally, by providing patients with access to remote healthcare services, organizations can increase patient access to care and reduce wait times, leading to improved outcomes and increased patient satisfaction.

Another key benefit of working with a provider that values and follows correct data handling practices is improved compliance with the GDPR. The GDPR places strict requirements on healthcare organizations that collect and process personal data, including health data, and requires that organizations implement appropriate technical and organizational measures to protect personal data from security breaches. By working with a provider that prioritizes compliance with the GDPR, healthcare organizations can ensure that they are meeting their legal obligations while also providing high-quality care to patients.

Finally, working with a provider that values and follows correct data handling practices can help healthcare organizations to build trust and credibility with patients, stakeholders, and regulators. By demonstrating a commitment to data protection and compliance, healthcare organizations can differentiate themselves from competitors and position themselves as leaders in the field of telemedicine.

In conclusion, choosing the right software provider that values and follows correct data handling practices presents a significant opportunity for healthcare organizations to improve patient care, increase access to care, and ensure compliance with the GDPR. By prioritizing data protection and compliance, healthcare organizations can leverage the benefits of telemedicine while also safeguarding patient privacy and data protection, building trust and credibility with patients, stakeholders, and regulators, and positioning themselves for long-term success in the rapidly evolving healthcare landscape.

Summary – Key Takeaways for Healthcare Providers

Offering digital healthcare presents both significant opportunities and serious responsibilities. To ensure your organization complies with GDPR and protects patient privacy, you must act deliberately and systematically.

Here’s what you need to keep in mind:

• Follow GDPR’s seven core principles for collecting, storing, and processing patient data,
• Keep all data within the EU/EEA – avoid unauthorized transfers to non-European entities,
• Use technology built for GDPR compliance – including data localization, encryption, and access control,
• Ask potential vendors how they ensure GDPR compliance,
• Provide clear and transparent information to patients about how their data is processed,
• Choose a telemedicine platform that prioritizes privacy and security by design.

By taking these steps, you not only protect your organization from legal risk – you also build patient trust and help ensure a secure, future-proof digital care experience.