Les DPO de la Santé
Sector · Telemedicine

Compliance for telemedicine and remote patient monitoring

Teleconsultation, remote patient monitoring, tele-expertise: telemedicine moves the act of care into the digital realm. Video flows, connected devices, platforms — every link in the chain processes health data and must be secured, from HDS hosting to patient consent.

Illustration — Telemedicine
Your obligations

What the regulations require of you

Each obligation is cited with its legal reference — so you know exactly where it comes from and what it demands of your organization.

Art. L. 1111-8 French Public Health Code

Use HDS-certified hosting

Any platform hosting health data on behalf of third parties must be certified as a health-data host (HDS) — a point to verify before signing.

Art. L. 6316-1 French Public Health Code

Obtain consent to the telemedicine act

The patient consents to the remote act after clear information. This consent to the act is distinct from the legal bases of the associated data processing.

Art. 28 GDPR

Frame platforms and vendors by contract

Every provider in the chain — platform, software vendor, host — is a processor bound by a compliant contract specifying instructions, security and the fate of the data.

Art. 32 GDPR · PGSSI-S

Secure the flows end to end

Encryption of exchanges, strong authentication of professionals, access logging: security is assessed across the whole pathway, in line with sector security frameworks.

Art. 35 GDPR

Carry out the DPIA for remote monitoring

Continuous patient monitoring through connected devices: large-scale processing of health data that calls for an impact assessment before deployment.

Your challenges

What is at stake for your organization

  • Verify the HDS hosting of the platforms and solutions used.
  • Inform the patient and collect the consents required for the act and the associated processing.
  • Frame vendors and providers as processors (Article 28 contracts).
  • Secure the flows (encryption, authentication, logging).
  • Frame remote monitoring and connected-device data.

What triggers the need

  • Launching or redesigning a teleconsultation platform
  • A change of hosting provider or an HDS certification deadline
  • Integrating an artificial-intelligence component into the care pathway
  • A compliance requirement from a healthcare facility acting as principal

Sound familiar? Now is the right time to get the subject under control — before it takes control on its own.

The most common mistake

Thinking HDS hosting is enough. The certification covers the hosting provider — not your uses: patient information, consent collection where required, access rights, retention periods and traceability remain your responsibility.

Our support

What we put in place

  • Compliance audit of your telemedicine pathway
  • Contractual framing with platforms and vendors
  • Information notices and patient consent journey
  • DPIAs for remote-monitoring systems
  • Outsourced DPO for telemedicine operators

Expertise backed by the NELSE technology

Telemedicine: our support relies on the tools developed by NELSE: each processing activity is qualified by written, sourced legal rules, the register stays up to date version after version, and the files handed over can be verified by a third party. The DPO assesses, advises and documents their opinions; your organisation keeps its decisions.

In practice, for you: teleconsultation and remote monitoring are described by their actual facts (host, flows, possible device): the regime, derived obligations and points to assess appear with their grounds, and the DPIA opens when it is required.

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Frequently asked questions

Your questions

Must my teleconsultation platform be HDS-certified?

If it hosts health data on behalf of third parties, yes: the hosting provider must be HDS-certified. The professional or facility choosing the tool must verify this — we audit your solutions and their contracts.

Is patient consent required for a teleconsultation?

The patient must consent to the telemedicine act after clear information. That consent to the act is distinct from the legal bases of the associated data processing. Both must be properly articulated in your pathway.

Who is liable if data leaks through the platform?

Responsibilities are shared between the data controller (the professional or facility) and the processor (the platform), depending on the contract and the failures involved. Hence the importance of solid contractual framing upstream.

Let’s secure the compliance of your organization

A free first conversation to review your situation and identify your priorities.

Response within one business day · No obligation