Skip to content
EHDS Jurist — Mr. Dr. Antoinette Vlieger
NL/EN
← Back to the regulation
Recital 34

Recital 34

MyHealth@EU provides a common infrastructure for the Member States to ensure connectivity and interoperability in an efficient and secure way to support cross-border healthcare, without affecting Member States’ responsibilities before and after the transmission of personal electronic health data through it. Member States are responsible for the organisation of their national contact points for digital health and for the processing of personal data for the purposes of the delivery of healthcare, before and after the transmission of those data through MyHealth@EU. The Commission should monitor through compliance checks the compliance of national contact points for digital health with the necessary requirements regarding the technical development of MyHealth@EU as well as with detailed rules concerning the security, confidentiality and protection of personal electronic health data. In the event of serious non-compliance by a national contact point for digital health, the Commission should be able to suspend the services affected by the non-compliance provided by that national contact point for digital health. The Commission should act as a processor on behalf of the Member States within MyHealth@EU and should provide central services for it. To ensure compliance with data protection rules and to provide a risk management framework for the transmission of personal electronic health data, the specific responsibilities of the Member States, as joint controllers, and the Commission’s obligations as processor on their behalf should be specified by means of implementing acts. Each Member State is solely responsible for data and services in that Member State. This Regulation provides the legal basis for the processing of personal electronic health data in MyHealth@EU as a task carried out in the public interest assigned by Union law referred to in Article 6(1), point (e), of Regulation (EU) 2016/679. That processing is necessary for the provision of healthcare in cross-border situations, as mentioned in Article 9(2), point (h), of that Regulation.