CHAPTER V ADDITIONAL ACTIONS

Article 82

The Commission shall support the sharing of best practices and expertise to build capacity within Member States to strengthen digital health systems for primary use and secondary use taking into account the specific circumstances of the different categories of stakeholders involved. To support that capacity building, the Commission shall in close cooperation and consultation with Member States establish indicators for self-assessment for primary use and secondary use.

Article 86

In accordance with the general principles of Union law, which include the fundamental rights enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, Member States shall ensure that a particularly high level of protection and security is in place when processing personal electronic health data for primary use, by means of appropriate technical and organisational measures. In this respect, this Regulation shall not preclude a requirement under national law, taking into account the national context, that, in cases where personal electronic health data are processed by healthcare providers for the provision of healthcare or by the national contact points for digital health connected to MyHealth@EU, the storage of personal electronic health data referred to in Article 14 of this Regulation for the purpose of primary use be located within the Union, in compliance with Union law and international commitments.

Article 90

Transfer of personal electronic health data to a third country or an international organisation shall be granted in accordance with Chapter V of Regulation (EU) 2016/679. Member States may maintain or introduce further conditions on international access to, and transfer of, personal electronic health data, including limitations, in accordance with Article 9(4) of Regulation (EU) 2016/679, in addition to the requirements laid down in Article 24(3) and Article 75(5) of this Regulation and in Chapter V of Regulation (EU) 2016/679.