Legally eHealth: Putting eHealth in its European Legal Context
From the March 2008 report’s executive summary:
Over the past decade, a number of articles, reports, and studies have established that the use of ICTs in healthcare does raise a number of legal questions, but few have looked, in detail, at the extent to which European legislation could provide good answers.
The Legally eHealth Report, therefore, seeks to examine some keys of the legal questions raised by the adoption of eHealth tools in healthcare. It looks at how EU legislation on data protection, product and services liability, and trade and competition law applies.
In considering the law of privacy, the report examines the European Directives on Data Protection Directive, Privacy in Electronic Communications, as well as the European Convention of Human Rights against the backdrop of a number of scenarios exploring data transfer for the purposes of better care provision both across European and international borders, as well as for
The report also addresses the vexed issue if liability eHealth goods and services, covering both simple eCommerce-like health services transacted over Websites, as well as much more complex issues such as multiple and split liability for services provided through a series of co-operating providers is also explored. Finally, noting that eHealth is a signifi cant, emerging European industry, the Legally eHealth report questions the extent to which European trade and competition law might apply to eHealth.
The overall objective of the report is to widen the audience of legal questions in eHealth since, until these issues are tackled head-on in real cases, we will not begin to change the legal landscape in order to provide fertile ground for new developments. eHealth is not just about technology, but about changing the everyday practice of healthcare for every healthcare professional and every patient.
Source – Legally e-Health [pdf]