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Digital health data protection in the UK and EU: wearables, AI diagnostics and electronic health records - GDPR/UK GDPR (DUAA 2025) case studies and compliance guidance

Practice notes
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What is digital health?

Digital health is a broad umbrella describing how information and communication technologies are used to enhance prevention, diagnosis, treatment, monitoring, and the management of health conditions and lifestyle habits that influence wellbeing. Its rise reflects the coming together of healthcare and technology, and a move away from provider‑focused, ‘one size fits all’ delivery towards personalised, patient‑centred care.

This Practice Note explores data protection considerations across three digital health use cases:

  1. Wearables
  2. Use of artificial intelligence (AI) in medical diagnostics
  3. Digital health records

Unlike mobile health (mHealth), which is limited to care delivered via mobile devices, digital health is wider in scope. It encompasses modern care models such as digital therapeutics, telemedicine, digitised health systems and electronic health records, as well as AI, machine learning and data analytics. For more on mHealth, see Practice Notes: Digital health—regulation of mHealth apps and medical software and mHealth—data protection considerations.

Digital health solutions can be applied at every stage of a person’s healthcare journey. Examples include:

  • prevention: in applications that analyse lifestyle, habits or...
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Gail Crawford
Gail Crawford

Gail Crawford is a partner in the London office and Global Chair of Latham’s Data & Technology Transactions Practice and Co-Chair of Latham's Privacy & Cyber Practice. Her practice focuses primarily on technology, intellectual property and commercial law and includes technology and Intellectual Property licensing agreements, joint ventures, technology procurement, outsourcing and advising on data protection, e-commerce and consumer protection legislation. Ms. Crawford is an editor of the Latham & Watkins Global Privacy & Security Compliance Law Blog (www.globalprivacyblog.com) and has contributed to a number of publications and conferences in the area of data privacy and security. Ms. Crawford has previously spent time working in-house on secondment to Diageo where she created the information technology and outsourcing legal function and was the legal lead on the project to transform and outsource Diageo's finance and accounting processes on the back of the...

Myria Saarinen
Myria Saarinen

Myria Saarinen, former Global Co-Chair of the Technology Industry Group, represents domestic and international clients in all types of civil and commercial complex litigation matters. She also leads the data protection practice in Paris.Ms. Saarinen draws on two decades’ experience as a litigator and her comprehensive understanding of her clients’ business and commercial needs to efficiently resolve a broad range of complex, cross-border disputes across industries. She advises on:• French litigation disputes, including corporate litigation• Alternative dispute resolution, in mediation or arbitration• Cross-border issues, such as conflicts of laws and US discovery requests• GDPR compliance programs, particularly for adtech companies• Regulatory GDPR inquiries• Multijurisdictional cybersecurity event response• GDPR claims brought by individuals and class actionsShe crafts pragmatic, commercially oriented solutions to clients’ business challenges, approaching each matter with the strength of the firm’s global platform.A recognized firm leader, Ms. Saarinen serves on the Ethics and Privacy Committees of the firm. She...

Danielle van der Merwe
Danielle van der Merwe

Danielle van der Merwe advises multinational and UK clients on a range of data privacy and cybersecurity matters, including in connection with the General Data Protection Regulation (GDPR).Drawing on over a decade of experience, Ms. van der Merwe counsels a variety of global companies, leading financial institutions, healthcare providers and technology companies on their most complex and sensitive data privacy issues. Her industry experience spans a number of cutting-edge sectors, including technology, social media, healthcare and gaming.Ms. van der Merwe regularly advises clients throughout the corporate lifecycle, serving as an extension of their in-house legal team. She brings particular experience handling cross-border matters arising from product developments, transactions, and investments, including large-scale GDPR compliance reviews. Ms. van der Merwe also delivers sophisticated insight on privacy issues in connection with white collar investigations, both in the UK and...

Oliver Mobasser
Oliver Mobasser

Oliver Mobasser is a Senior Associate in the Healthcare and Life Sciences group of the London office of Latham & Watkins. He advises clients in the healthcare and life sciences industry on a range of technology, intellectual property, and data-focused transactions and matters.Mr Mobasser helps emerging and established multinational pharmaceutical, biotechnology, digital health, and medical technology companies as well as their investors navigate: • Strategic licenses and collaborations• Product acquisitions, divestments, and carve-outs• Manufacturing, supply, distribution, and other commercial agreements• Data protection, as well as data use, re-use, and exploitation• Research and development and clinical trialsHe has particular expertise and has contributed to a number of publications and conferences in complex data protection matters in the life sciences sector, including matters related to use of data in the context of clinical trials and other research, anonymisation, pseudonymisation, digital health and AI...

Edgar Lee
Edgar Lee

Mr. Lee is an associate in the Data & Technology Transactions Practice of Latham & Watkins' London office. Mr. Lee advises clients across a range of sectors including social media, gaming, healthcare, payments and financial services, private equity, and venture capital. Mr. Lee has experience advising on an array of technology and commercial issues including: • Global data privacy matters;• Large scale technology and outsourcing transactions and commercial contracts;• Intellectual property; and • Fintech and payments.Before joining Latham, Mr. Lee served as an editor of the Cambridge Law Review and the managing editor of the University of Cambridge’s undergraduate law journal, De Lege Ferenda. Both journals count former President of the International Court of Justice Judge Hisashi Owada and former Lord of Appeal Lord Peter Millet as members of their honorary boards....

Charlotte Guérin
Charlotte Guérin

Charlotte Guérin is an associate in the Paris office of Latham & Watkins. Her practice primarily focuses on complex commercial litigation, as well as securities litigation and professional liability litigation. Ms. Guérin resolves a broad range of complex disputes through litigation proceedings, working in matters involving assistance and representation of clients before national courts and regulatory authorities (such as the French data protection authority, Financial Markets Authority, and High Council for Statutory Auditors). She also advises clients on compliance with data protection laws. In addition, Ms. Guérin is active in firm management, serving on the Associates Committee, and has been the co-leader of the local LGBTQ+ group within Latham & Watkins for the past three years....

Web page updated on 21/05/2026

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