The market for digital applications in healthcare is in full swing. Since COVID-19, developments have been accelerated. The government, care institutions in cure and care, software developers and health insurers are increasingly engaged in the development and use of e-health applications (also called digital health). Our lawyers also play an important role in this. We advise and litigate on the protection of developed software or medical devices by intellectual property rights (such as copyright, design rights or trademark rights), processing of (special categories of) personal data (health data), product liability and market access (MDR) and the conclusion of IT contracts.

Any questions? Please contact our specialists at: e-health@ploum.nl

Do you have questions about e-health?

Do you have questions about e-health? Contact Nina Witt. 

+31 630293405 e-health@ploum.nl

E-health offers new opportunities

E-health applications offer new opportunities for healthcare. Innovations such as apps, wearable devices, sensors, domotics and video consultations offer new ways of patient and client care, but also opportunities for collaborations between parties. E-health is seen as a means to improve patient care. Our team assists you to become (legally) ready for every privacy and IT challenge in the healthcare sector.

Legal challenges in e-health

Where technology and digital developments are accelerating, there are also legal challenges.

  • As a doctor, what do you need to think about if you want to use an app to let patients report certain measuring values, such as blood pressure?
  • As an app developer, what do you need to think about when creating an app that tracks users' sleep patterns? And when do you need a CE mark for your product?
  • What should be included in an agreement if you want to install certain sensors and/or software applications in healthcare facilities?
  • Are you allowed to exchange patient or client data with other healthcare providers? What contracts should care providers sign? And what about supervision of partnerships?
  • Are you, as an employer, allowed to give a smartwatch to its employees? If so, are you allowed to do anything with the data collected?

Our lawyers will be happy to answer your legal questions. And should a dispute arise, for example regarding the rights to an app, a faulty implementation or a data breach, our lawyers will be at your side.

Our expertise

We assist many different companies and organizations that operate in the field of e-health, such as healthcare providers (Care and Cure), governments, app developers, ICT companies but also patient organisations. We build the legal bridge between both worlds. In this field, you will have to deal with very diverse regulations, such as the Medical Device Regulation (MDR), Medical Treatment Contracts Act (in Dutch: WGBO) and the General Data Protection Regulation (GDPR), but also procurement law and consumer law. We will be happy to show you the ropes and are known for our practical approach, good accessibility and our ability to react quickly. Moreover, we have specific knowledge of the healthcare sector - partly gained by working within the walls of a hospital.

Want to know more?

Our e-health specialists will be happy to assist you with the legal aspects and issues surrounding e-health. Please contact Nina Witt if you would like to know more.

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