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. 2021 Feb 13;44(4):429–434. doi: 10.1007/s00238-021-01802-8

Table 1.

Overview of the current legal framework in the European Union regarding telemedicine [11, 53, 54]

Current EU legislation to telemedicine
1. “Telemedicine is both a health service and an information society service.”
2. “Freedom for recipients of the healthcare service to seek and receive medical treatment from another member state, regardless of how the service is delivered, i.e., also by telemedicine.”
3. “If member states adopt new laws, regarding technical regulations and information services (e.g., telemedicine), they are obliged to notify the European Commission.”
4. “Professional-to-professional telemedicine services are conducted to the laws of the country of the sending professional. Professional-to-patient telemedicine services need to be according to the law of the country of the patient (recipient).”
5. “The definition of a medical act is a matter for the member states. As a general principle, it is stated that the telemedicine equivalent of the conventional medical service (e.g., teleradiology vs radiology) needs to adhere to the same requirements as the conventional service. Otherwise, it would be possible that poorly regulated telemedicine equivalents would replace the highly regulated conventional methods.”
6. “Regarding the handling of personal data and the protection of privacy, there are the same requirements as all other interactive on-line services.”
7. “In addition to the abovementioned point regarding personal data and privacy, there are specific requirements for the providers of electronic communication services to ensure confidentiality of communication and security of the network.”
8. “There are criteria for specific professions with qualifications in one member state, so that they could gain access (via telemedicine) in other member states to the same profession.”