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Belgium: Digital platform for medical files to be launched

Tine Carmeliet

In early January 2018, the Belgian Minister of Health published an announcement on the creation of a digital platform called the “Personal Health Viewer”. The goal of this digitalisation initiative is to engage patients in the management of their own health. In particular, the platform will enable patients to access their own medical file online and Read More

Dutch Supreme Court approves electronic exchange of patient data via healthcare infrastructure

Iradj Nazaryar

In December 2017, the Dutch Supreme Court ruled  that the electronic exchange of patient data via the so-called healthcare infrastructure is lawful. The infrastructure is a platform for the electronic exchange of patient data. The platform allows the observer of a general practitioner (GP), that is, a GP who temporarily replaces another GP, to access Read More

French Supreme Court confirms discriminatory abuse in market of medical information databases for pharmaceutical companies

Florence Ninane

Earlier this summer, the French Supreme Court (Cour de Cassation) rejected an appeal by Cegedim against a ruling of the Paris Court of Appeal, upholding a July 2014 decision of the French Competition Authority (FCA) that imposed a EUR 5.7 million fine on the company. The FCA had found that Cegedim’s refusal to grant a Read More

Dutch Data Protection Authority publishes guide on cloud storage of patient data

Iradj Nazaryar

The Dutch Data Protection Authority (DPA) recently published a guide intended for healthcare providers about the cloud storage of patient data. The guide provides a practical interpretation of the DPA’s Guidelines on personal data protection (2013) which indicate how healthcare providers can fulfil data protection obligations. The key points within the guide refer to: Patient Read More

EPO reverses its position on the patentability of products obtained by essentially biological processes

Asma Bendjaballah

On 29 June 2017, the EPO amended Rules 27-b) and 28(2) of the European Patent Convention (EPC) with respect to patentable biotechnological inventions and their exceptions. The EPO thus follows the earlier opinion of the European Commission (EC) expressed in Notice 2016/C 411/03 regarding the patentability of plants or animals obtained by essentially biological processes, Read More