Legal advice on the European Health Data Space.
Dr. Vlieger is legal expert. She helps organizations unlock the opportunities of EHDS, GDPR and Open Data law. Advice, research and training.
Basic knowledge and the EHDS: the specialis-rule
The lex specialis rule is one of the three conflict rules taught to every (Continental) law student in the first weeks of their studies, yet it is consistently misapplied in Dutch health law. This article addresses three misconceptions: the rule concerns specific legal provisions rather than entire statutes; it applies only after the lex superior rule and solely between rules of equal rank; and it applies exclusively in the event of a genuine conflict—not when the specific provision is silent. For the EHDS, this implies, among other things, that European data law remains applicable in health care, and that the even special national laws cannot override the EHDS.
The position of the Data Protection Officer
The Data Protection Officer must not receive instructions or be penalized for his work, is bound by a duty of confidentiality, and must not hold a second role that conflicts with his position.
Start where your question begins.
Legal advice, research and teaching — always from one frame: what is allowed with this data, under which regime, and what the EHDS changes.
Recently published.
Have a question about health data?
Discuss your case without obligation. You get a clear picture of the regime and the risks.