United in Diversity: Legal Challenges on the Road Towards Interoperable eHealth Solutions in Europe

Abstract

The use of IT enabled health services such as an electronic patient summary, ePrescription or telemedicine (commonly called eHealth services) are subject to differing degrees of legal regulation across Europe. This article presents the legal challenges facing further diffusion of eHealth services across Europe, based on the results of a study funded by the European Commission. Challenges of electronic identification and authentication are examples, alongside questions regarding healthcare professional liability, patient consent and data storage. The answers EU Member States have found to these challenges are illustrated in this contribution.In addition, efforts by the EC funded large scale pilot project epSOS concerning cross-border patient summary and ePrescription services are described, notably the ep-SOS approach of framework agreements to address challenges resulting from different legal systems at national level.

Governance structures impact on eHealth

“…Although Member States have made some progress in the integration of eHealth services since the launch of the 2004 Action Plan, several challenges remain that are hindering the EU from reaching their goal. This includes: the digital divide between Member States [13]; significant variations in terms of level of eHealth integration between countries [14]; differences between healthcare systems [15]; and legal hurdles associated with interoperable systems for cross-border health information exchange [16].…”

Exploring the challenges of implementing e-health: a protocol for an update of a systematic review of reviews

“…Studies have described financial, legal, social and ethical barriers to implementation, arising at the organisational and individual level, including users’ lack of awareness of the benefits, low e-health literacy, a shortage of evidence of cost-effectiveness and interoperability (the ability of different information technology systems and software applications to communicate, exchange data and use the information that has been exchanged) as well as security concerns. 1 13 Recognising and understanding barriers and facilitators is crucial for devising strategies and interventions to improve the widespread effective use of e-health, and addressing blockages to implementation.…”

Basic ICT adoption and use by general practitioners: an analysis of primary care systems in 31 European countries

“…ICT solutions are increasingly available to PC physicians without great investments in hardware, software and maintenance. The development and availability of technologies for health care have facilitated the introduction of policies in several countries, aimed at increasing their rapid adoption [ 13 , 30 , 31 ]. However, each country might respond differently to the actual challenges with various approaches towards potential solutions and drivers of growth, including the technological equipment for primary health care.…”

“…The study also aimed to explain the drives or barriers of adoption and to measure variations between 2007 and 2013. In 2010, a European study presented an analysis of the national policies of Member States on e-health, understood as ICT for health [ 31 ].…”