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Blockchain in EU e-health - blocked by the barrier of data protection?Gassner, Ulrich M. 26 October 2018 (has links)
Compliance with data protection requirements is always a tricky business and even more
intricate when it comes to cutting-edge technologies such as distributed ledger technology
(DLT), better known as Block Chain Technology (BCT). These difficulties increase even
more when the personal data concerned is accorded a special level of protection, as is the
case with health data. The following article aims to describe and analyze the legal issues
associated with this scenario. The focus here is on the European Union's (EU) General
Data Protection Regulation (GDPR) 1, which took effect on May 25, 2018. Furthermore,
the functionality of BCT and its possible fields of application in healthcare will be outlined.
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Data power to the patients! Patient-driven data business, not data-driven patient business: the centrality of the patient in the commerce of digital healthcareHeinemann, Stefan 26 October 2018 (has links)
Data-driven business models make up the medical and healthcare market in large parts, a
trend reinforced by further technological developments and regulation. Care must be taken
to avoid a situation where only a few players benefit. It’s weird the patient has to become a
customer in order to be a human being in the health business: The consistent empowerment
of patients to handle their own data is essential.
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Digitization in the health sector in the trade-off between technical and legislative possibilities and legal limits according to German lawKuhn, Anna Kristina, Heinz, Marie-Isabel 26 October 2018 (has links)
In May 2018, the 121st German Medical Association in Erfurt decided to relax the prohibition
of exclusive remote treatment which had previously been standardized in the Model
Professional Code of Conduct for physicians working in Germany (MBO-Ä). With this,
the German Medical Association has responded to the continuing call for progress and
further development in terms of digitization. Nevertheless, many questions remain unanswered,
such as the implementation and interpretation of the provisions of § 7 para. 4
MBO-Ä in its new wording and their embedding in existing regulations. Data protection,
which defines the legal limits of remote treatment, also plays an important role here.
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Digital health regulatory gaps in the United StatesNahra, Kirk J., Corbin, Bethany A. 26 October 2018 (has links)
Digital health in the United States is rapidly and continuously evolving to enhance patient
care and revolutionize health care delivery. This technology offers substantial promise to
both patients and providers, but lacks a comprehensive regulatory structure to ensure adequate
safety and privacy. While the Department of Health and Human Services, the Food
and Drug Administration, and the Federal Trade Commission regulate portions of the
digital health industry, their oversight is incomplete, with numerous digital health companies
falling between the cracks and assuming an unregulated status. This article analyzes
the state of digital health legal and regulatory oversight in the United States, discusses how
state legislatures and industry organizations have worked to fill existing legal gaps, and
presents strategies for encouraging compliance for unregulated entities.
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Eliminating bribery - an incentive-based approachTeichmann, Fabian M. 26 October 2018 (has links)
This article discusses the potential role of incentive systems in combating bribery. In particular,
it uses an agency theory approach to show how a combination of bonus and malus
payments could help to eliminate bribery in multinational corporations. Expert interviews
with 35 anti-bribery specialists from Austria, Germany, Liechtenstein, and Switzerland
were conducted and analyzed through qualitative content analysis. It was found that employees
should be rewarded for both productivity and compliance. In addition, performance
should be measured in a matrix and whistleblowers should receive a bonus for reporting
undesired behavior. Conversely, significant risks associated with incentives for whistleblowing
were also identified. Whilst the empirical findings focus on Europe, their implications
could be applied globally.
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Compliance and value orientations at universitiesWegel, Melanie, Kamenowski, Maria, Hartmann, Andrea Barbara 26 October 2018 (has links)
Compliance, defined as the obligation to follow particular rules1 at the institutional level,
can hardly be considered while disregarding individual actors: after all, it depends on the
value orientation of their attitudes and actions.2 Compliance with the law forms the basis
for the actions of all companies, including universities. In Switzerland, most universities
have no explicit compliance guides, but they often do have other guidelines that allow making
statements about the identity of the institution. The Zurich University of Applied Sciences
(ZHAW) has made social integration a priority for 2017/2018. Within the scope of
this priority area, 13 research projects were funded; in this case, the subtopic was 'work,
diversity, living space and social security'. In addition, the Department of Social Work
provided ad hoc support for smaller projects that illustrate the aspect of social integration.
Thus, this institution does not only set guidelines, but also actively promotes them. However,
the question remains open as to whether the individual actors act and think in accordance
with the guidelines of their institution. As part of a research project on value orientation funded by the Swiss National Science Foundation, ZHAW employees were selected as a
reference group and asked about their value orientation. The social factor being a crucial
focal point at institutions of higher education, the survey was intended to show both the
heterogeneity of the group and its common ground: the values shared by all the respondent
members that are instrumental in guiding their actions. The precise manifestation of the
respondents' social values was also of interest.
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Editorial: Cure or curse? Compliance in digital healthcareDeStefano, Michele, Schneider, Hendrik, Lindemann, Michael 26 October 2018 (has links)
The edition features first-rate articles by specialists in the field of healthcare
and data security. Apart from that we will face some classical compliance topics
and last but not least CEJ Founder Michele DeStefanos new book Legal Upheaval
will be introduced and reviewed.
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