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United Kingdom
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Key definition
Data protection definition

What does Data protection mean? In legal practice, data protection describes the rules governing how organisations collect, use, share, retain and secure personal data, including employees’ information. In the UK this regime is set by the UK GDPR and the Data Protection Act 2018; in Ireland by the EU GDPR and the Data Protection Act 2018 (Ireland). The label is descriptive; core concepts (personal data, controller, processor, special category data) and obligations are defined in legislation. In employment, the employer is typically the controller and must identify a lawful basis (for example, contract, legal obligation or legitimate interests) and, for special category data,...

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mHealth apps: UK and EU GDPR and ePrivacy compliance on special category health data, consent, transparency, controller and processor roles, privacy by design/default, secondary use, sharing, security and enforcement

Practice notes
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Developers, manufacturers and distributors in digital health—spanning mHealth apps and any associated Software as Medical Device (SaMD), Artificial intelligence (AI) system or Artificial intelligence as a Medical Device (AIaMD)—must meet stringent Data protection regulations in tandem with regulatory compliance across the entire lifecycle, from development through to commercialisation

This Practice Note concentrates on data protection and privacy issues for mHealth (mobile health) and also considers the tighter safeguards governing the collection of an individual user’s health data. It does not cover broader life sciences regulatory matters, such as those relating to medical devices

What is mHealth?

For related guidance, see:

  • Practice Note: Digital health—regulation of mHealth apps and medical software.
  • Practice Note: Mobile app development and data protection.
  • Practice Note: Digital health—data protection and privacy case studies, including wearables and AI diagnostic tools...
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Francesca Blythe
Francesca Blythe

FRANCESCA BLYTHE advises international clients on a wide range of data protection, privacy, cybersecurity, and emerging technology issues. She has in-depth experience across multiple industries, including asset management and private equity, payments, technology, retail, e-commerce, and manufacturing. Francesca has a particular focus on life sciences, where she advises on a broad range of issues in relation to clinical studies/investigations, secondary research, digital health, and use of novel technologies (including artificial intelligence). Francesca co-leads Sidley’s benchmarking group for in-house data privacy professionals (dplegal) in the life sciences sector.Francesca was previously in-house counsel at the largest international health and beauty retailer in Asia and Europe. While there, she regularly gave advice on compliance and strategies relating to data protection laws and assisted in the planning and delivery of a global privacy compliance project....

William Long
William Long

WILLIAM LONG is global co-chair of Sidley’s highly ranked Privacy and Cybersecurity practice and heads the EU Data Protection group. He is also a member of the firm’s top-ranked Crisis Management and Strategic Response team, and he serves on the Steering Committee of the firm’s AI Working Group. William advises international clients on a wide variety of AI, GDPR, cyber incident, data protection, privacy, information security, social media, e-commerce, and other regulatory matters.William has been a member of the European Advisory Board of the International Association of Privacy Professionals (IAPP) and on the DataGuidance panel of data protection lawyers. He is also on the editorial board of e-Health Law & Policy and also assists with dplegal (“data privacy” legal), a networking group of in-house lawyers in life sciences companies examining international data protection issues. William was previously in-house counsel to one of the world’s...

Web page updated on 21/05/2026

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