Recital 95

In order to promote the consistent application of this Regulation, including as regards cross-border interoperability of electronic health data, a European Health Data Space Board should be set up. The Commission should participate in its activities and co-chair it. The EHDS Board should be able to issue written contributions related to the consistent application of this Regulation throughout the Union, including by helping Member States to coordinate the use of electronic health data for healthcare and certification, but also concerning secondary use, and the funding for those activities. This could also include sharing information on risks and incidents in the secure processing environments. The sharing of that kind of information does not affect obligations under other legal acts, such as data breach notifications under Regulation (EU) 2016/679. More generally, the activities of the EHDS Board are without prejudice to the powers of the supervisory authorities pursuant to Regulation (EU) 2016/679. Given that, at national level, digital health authorities dealing with primary use may be different from the health data access bodies dealing with secondary use, the functions are different and there is a need for distinct cooperation in each of those areas, the EHDS Board should be able to set up subgroups dealing with those two functions, as well as other subgroups, as needed. In order for there to be an efficient working method, the digital health authorities and health data access bodies should create networks and links at national level with other bodies and authorities, but also at Union level. Such bodies could comprise data protection authorities, cybersecurity, eID and standardisation bodies, as well as bodies and expert groups under Regulations (EU) 2022/868, (EU) 2023/2854 and (EU) 2024/1689 and Regulation (EU) 2019/881 of the European Parliament and of the Council (21). The EHDS Board should operate independently, in the public interest and in line with its code of conduct.