Introduction
Most of us are by now aware of the changes to data protection
regulation which came into force on 25 May of this year by virtue
of the General Data Protection Regulation (GDPR).
The GDPR introduced several key changes to the previous data
protection regulation. Although most of the new regulations apply
to digital health companies in the same way as they apply to other
types of businesses, there are certain provisions which are more
challenging for digital health companies. These are as follows:
1. Consent - Under the GDPR, the processing of health data
(defined as: personal data related to the physical or mental
health of a natural person, including the provision of health care
services, which reveal information about his or her health
status), which is considered a "special category" of
data, is prohibited unless one of several conditions is met. The
most common condition is receipt of explicit consent. Digital
health companies must therefore