On February 27, 2020 NHSX, the technology and digital unit of the NHS, published its draft Digital Health Technology Standard (the “Standard”) for consultation to stakeholders in the digital health space (the “Consultation”). The Consultation is open until 22 April, 2020 (and is available here).

The Standard, which is based on existing industry and health standards, is intended to streamline how digital health technologies are reviewed and commissioned by the NHS and social care.

The Standard contains ten components that developers of digital health technologies should adhere to:

  1. review, and adhere to, the Code of Conduct for Data-Driven Health and Care Technologies (available here);
  2. ensure that the product is designed to achieve a clear outcome for users of the system;
  3. ensure that the product is easy to use and accessible to all users;
  4. ensure that the product is clinically safe to use;
  5. ensure that the product collects, stores and processes users’ information in a safe, fair and lawful way;
  6. ensure that the product meets industry best practice and security standards;
  7. ensure that the product meets all regulatory requirements;
  8. ensure that the product makes the best possible use of open standards and complies with all relevant technical standards;
  9. ensure that the product is appropriately tested and fit for purpose; and
  10. generate evidence that the product achieves clinical, social, economic or behavioural benefits.

The Standard also observes that many digital health technologies will be subject to commercial arrangements between NHS organisations and commercial parties, and states that where those arrangements involve NHS data, they should adhere to the principles described in Creating the right framework to realise the benefits of health data (available here). The Standard also emphasises that legal advice should be obtained in respect of the contracts governing these arrangements.

Feedback from the Consultation will contribute to the final draft of the Standard which is currently set to be published in “Summer 2020” and will be subject to annual updates.

The team at Covington will continue to monitor developments in this area.

Photo of Daniel Pavin Daniel Pavin

Daniel Pavin advises clients on a wide range of transactions involving intellectual property, technology and data.

He has extensive experience advising pharmaceutical, biotechnology, medical device and technology companies in connection with licensing, collaborations and other strategic agreements. He also advises clients in connection…

Daniel Pavin advises clients on a wide range of transactions involving intellectual property, technology and data.

He has extensive experience advising pharmaceutical, biotechnology, medical device and technology companies in connection with licensing, collaborations and other strategic agreements. He also advises clients in connection with investments, fundraisings and M&A.

Daniel has a particular focus on digital transformation in the life sciences and healthcare sectors, including digital health transactions, and data-driven and AI drug discovery and development projects.

Daniel is one of the leaders of Covington’s global, multidisciplinary Digital Health Initiative, which brings together the firm’s considerable resources across the broad array of legal, regulatory, commercial, and policy issues relating to the development and exploitation of digital health products and services.

Chambers UK notes, “Daniel Pavin has very strong legal and commercial acumen.” “Daniel Pavin is very knowledgeable about life sciences and the data and digital areas. He sits where tech and life sciences come together.” “He is incredibly knowledgeable. He is very inclusive and happy to draw colleagues into conversations.”

Prior to his legal career, Daniel worked as a computer programmer, developing microscope image processing software. He is the co-inventor of a patented invention in the field of social network analytics.

Photo of Joshua Gray Joshua Gray

Joshua Gray is a technology and data-focused lawyer with a distinctly international practice combining commercial and regulatory expertise. Joshua excels in assisting clients for deals with no precedent where technology and data are at the heart of the project.

Joshua’s practice includes structuring…

Joshua Gray is a technology and data-focused lawyer with a distinctly international practice combining commercial and regulatory expertise. Joshua excels in assisting clients for deals with no precedent where technology and data are at the heart of the project.

Joshua’s practice includes structuring and negotiating bespoke technology projects, privacy and GDPR, innovative collaborations involving the use of new (and often data-driven) technologies, and other business critical commercial transactions. Joshua provides “product counselling” to clients looking to launch new digital products and services and he routinely supports multi-jurisdictional projects covering areas such as e-commerce, consumer law, media licensing and telecoms.

Joshua otherwise advises on the full spectrum of technology transactions, including IT services agreements, outsourcing, software development and licensing, cloud computing and infrastructure, M&A and joint ventures.

Joshua has deep industry knowledge and experience in the technology, life sciences, digital health, media, telecoms and travel sectors. This experience has been bolstered through client secondments to Illumina Inc, Barclays Bank and du, a leading telecoms operator in the UAE.