Data & Privacy
- Data Act
- Data Governance Act
- EHDS
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
- Product Liability Directive
Cybersecurity
- Cyber Resilience Act
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
European Health Data Space Regulation
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 2
CHAPTER II
PRIMARY USEArticles 3 — 24
CHAPTER III
EHR SYSTEMS AND WELLNESS APPLICATIONSArticles 25 — 49
CHAPTER IV
SECONDARY USEArticles 50 — 81
CHAPTER V
ADDITIONAL ACTIONSArticles 82 — 91
CHAPTER VI
EUROPEAN GOVERNANCE AND COORDINATIONArticles 92 — 96
CHAPTER VII
DELEGATION OF POWERS AND COMMITTEE PROCEDUREArticles 97 — 98
CHAPTER VIII
MISCELLANEOUSArticles 99 — 104
CHAPTER IX
DEFERRED APPLICATION, TRANSITIONAL AND FINAL PROVISIONSArticles 105 — 105
ANNEXES
EHDS Article 30. Obligations of manufacturers of EHR systems
- 1.Manufacturers of EHR systems shall:
- (a)ensure that the harmonised software components of their EHR systems and the EHR systems themselves, to the extent that this Chapter establishes requirements for them, are in conformity with the essential requirements laid down in Annex II and with the common specifications in accordance with Article 36;
- (b)ensure that the harmonised software components of their EHR systems are not adversely affected by other software components of the same EHR system;
- (c)draw up the technical documentation of their EHR systems in accordance with Article 37 before placing those EHR systems on the market, and subsequently keep it up to date;
- (d)ensure that their EHR systems are accompanied, free of charge for the user, by the information sheet provided for in Article 38 and clear and complete instructions for use;
- (e)draw up the EU declaration of conformity in accordance with Article 39;
- (f)affix the CE marking of conformity in accordance with Article 41;
- (g)indicate the name, registered trade name or registered trade mark, the postal address, and the website, email address or other digital contact details through which they can be contacted, in the EHR system; indicate in the contact details a single point at which the manufacturer can be contacted; the contact details shall be in a language that is easily understood by users and market surveillance authorities;
- (h)comply with the registration obligations in Article 49;
- (i)take without undue delay any necessary corrective action in respect of their EHR systems, where they consider or have reason to believe that such systems are not or are no longer in conformity with the essential requirements laid down in Annex II, or recall or withdraw such systems; the manufacturers of EHR systems shall subsequently inform the national authorities of the Member States in which they made their EHR systems available on the market or put them into service of the non-conformity, of any corrective action taken, including the timetable for implementation, and of the date at which the harmonised software components of their EHR systems have been brought into conformity or been recalled or withdrawn;
- (j)inform the distributors of their EHR systems and, where applicable, the authorised representative, importers and users of the non-conformity and of any corrective action, recall or withdrawal of those EHR systems;
- (k)inform the distributors of their EHR systems and, where applicable, the authorised representative, importers and users of any mandatory preventive maintenance of the EHR systems and its frequency;
- (l)upon request, provide, in an official language of the Member State concerned, market surveillance authorities in that Member State with all the information and documentation necessary to demonstrate the conformity of the EHR systems which they have placed on the market or put into service with the essential requirements laid down in Annex II;
- (m)cooperate with market surveillance authorities, at their request, on any action taken to bring the EHR systems which they have placed on the market or put into service into conformity with the essential requirements laid down in Annex II and with any requirements adopted pursuant to Article 42 in an official language of the Member State concerned;
- (n)establish channels of complaint and keep distributors informed thereof;
- (o)keep a register of complaints and a register of non-conforming EHR systems and keep distributors informed thereof.
- 2.Manufacturers of EHR systems shall ensure that procedures are in place to ensure that the design, development and deployment of the harmonised software components of an EHR system continue to comply with the essential requirements laid down in Annex II and the common specifications referred to in Article 36. Changes in EHR system design or characteristics with regard to the harmonised software components of an EHR system shall be adequately taken into account and reflected in the technical documentation.
- 3.Manufacturers of EHR systems shall keep the technical documentation referred to in Article 37 and the EU declaration of conformity referred to in Article 39 for 10 years after the EHR system covered by the EU declaration of conformity has been placed on the market. Manufacturers of EHR systems shall make available the source code or the programming logic included in the technical documentation, upon a reasoned request, to the relevant authorities, if that source code or programming logic is necessary in order for those authorities to be able to check compliance with the essential requirements laid down in Annex II.
- 4.A manufacturer of EHR systems established outside the Union shall ensure that its authorised representative has the necessary documentation readily available in order to fulfil the tasks referred to in Article 31(2).
- 5.Manufacturers of EHR systems shall, upon a reasoned request from a market surveillance authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the EHR system with the essential requirements laid down in Annex II and the common specifications referred to in Article 36, in a language which can be easily understood by that market surveillance authority. The manufacturers of EHR systems shall cooperate with the market surveillance authority, at its request, on any measures taken to eliminate the risks posed by an EHR system which they have placed on the market or put into service.
Relevant Recitals for this Article
While EHR systems specifically intended by the manufacturer to be used for processing one or more specific categories of electronic health data should be subject to mandatory self-certification, software for general purposes should not be considered to be an EHR system, even when used in a healthcare setting, and should therefore not be required to comply with this Regulation. That covers cases such as text-processing software used for writing reports that would then become part of written electronic health records, general-purpose middleware, or database management software that is used as part of data storage solutions.
This Regulation imposes a mandatory conformity self-assessment scheme for the harmonised software components of EHR systems to ensure that EHR systems placed on the Union market are able to exchange data in the European electronic health record exchange format and that they have the required logging capabilities. That mandatory conformity self-assessment, which would be in the form of an EU declaration of conformity by the manufacturer, should ensure that those requirements are fulfilled in a proportionate way, while avoiding an undue burden on Member States and manufacturers.
Manufacturers should affix in the accompanying documents of the EHR system, and where applicable on its packaging, a CE marking of conformity indicating that the EHR system is in conformity with this Regulation and, in respect of aspects not covered by this Regulation, with other applicable Union law which also requires the affixing of such marking. Member States should build upon existing mechanisms to ensure the correct application of the provisions on the CE marking of conformity under relevant Union law and should take appropriate action in the event of improper use of that marking.
It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each economic operator in the supply and distribution process of EHR systems. Economic operators should be responsible for compliance in relation to their respective roles in such process and should ensure that they make available on the market only EHR systems which comply with relevant requirements.