Abstract
Today, it is undeniable that new information and communication technologies have been widely introduced in hospitals and clinics as well as in medical practices. The doctor, who is then connected, is vigorously accompanied on a daily basis by his patient, sometimes asking for a 24-hour medical surveillance.
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References
Gallois F, Rauly A. Telemedicine and comparison of health systems: methodological issues. In: Colloquium international research & regulation 2015, 10–12 June 2015, Paris.
Crigger BJ, Policy & Politics. e-Medicine: policy to shape the future of health care. Hastings Center Rep. 2006;36:12–3.
Chandra A, Pettry CE Jr, Paul DP. Telemedicine from a macromarketing viewpoint: a critical evaluation with proposed licensing strategies. In: Government policy and program impacts on technology development, international trade and transfer outlook; 2013, p. 111–136.
Kerleau M, Pelletier-Fleury N. Restructuring of the healthcare system and the dissemination of telemedicine. Eur J Health Econ. 2002;3(3):7.
Kirsch G. The business of eHealth. J Med Market Device Diagn Pharmaceut Market. 2002;2(2):106–10.
Simon P. Telemedicine is not e-commerce. Communication from ANTEL in partnership with the National Order of Physicians. 22 Nov 2013.
Croels JM. The law of obligations to the test of telemedicine. PU of Aix-Marseille, 2006, p 38, cited by Simon P. Telemedicine ce is not e-commerce, ib.
Simon P. Telemedicine is not e-commerce Ib. p. 39.
n ° 2010-1229 JORF n ° 0245 of October 21st, 2010.
This is the case for example in Germany: in http://www.science-germany.com: e-health in Germany.
who can be a CPOM: multi-year contract of objectives and means: signed between the director of a health facility and the Authority Local Health Authority or a CAQCS: Contract for Quality Improvement and Care Coordination concludes between the project sponsor and health insurance.
In this case, the Regional Health Agency.
Mainly, civil liability to compensate for harm suffered by the patient due to non-compliance with the standard or liability ordinal for the health professional, offender.
The purpose of this law has been to create a legal framework to ensure the free movement of information society services.
Law No. 78-17.
Law No. 2004-801.
Directive 95/46 / EC on the protection of personal data.
Charter of Fundamental Rights of the European Union 18/12/2000. OJ of the European Communities C 364/1.
Treaty on European Union and Treaty on the Functioning of the European Union which adopted the Treaty of Lisbon signed on 13 December 2007 published in the Official Journal n ° C326 of 26/10/2012, p.0001–0390.
No. 2016/679. JOUE n ° L119 of May 4th, 2016, p.1. This directly applicable regulation in the Member States’ internal legislation repeals the Directive 95/46 / EC as obsolete.
Cons. Const. Jan. 18, 1995, No. 95-352 DC. OJ 21 Jan. 1995.
GPDR: (European) General Data Protection Regulation.
Mandatory as of May 2018.
Paragraph 3 of Article 17 of the GPDR specifically provides that the right of erasure does not apply if the processing is necessary. The exercise of the right to freedom of expression and information, (b) to fulfill a legal obligation which requires the treatment provided for in Union law or by the law of the Member State to which the controller is subject, or to perform a public-interest mission. The exercise of public authority of the controller, (c) for reasons of public interest in the field, (d) for archival purposes in the public interest (...), (e) the recognition, exercise, or defense of rights in justice.
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Williatte-Pellitteri, L. (2019). New Technologies, Telemedicine, eHealth, Data...What Are You Talking About? The Lawyer’s Point of View. In: André, A. (eds) Digital Medicine. Health Informatics. Springer, Cham. https://doi.org/10.1007/978-3-319-98216-8_9
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