Overview
We recently assisted a prominent player in the genomics and precision medicine space within the healthcare technology sector. The client handles sensitive health data, including genetic and clinical information derived from bio-specimens and digital platforms facilitating patient-clinician engagement. With activities in India, the UAE (including Dubai), the Philippines, and Nepal, the client engaged us for strategic advice on navigating data classification, retention, transfer of bio-specimen data, storage, localisation obligations and several other aspects. The industry itself is challenging due to data related to health, DNA, bio-samples and other personal data, together with options for compliant cross-border data flows to optimise operational efficiency.
The Challenge
Operating in these diverse regulatory environments required careful management of differing standards on data retention timelines, localisation restrictions (particularly rigorous in relation to health data in certain jurisdictions) and conditions governing international transfers. Additional considerations included the secure handling of biological materials and the implementation of appropriate technical safeguards. Addressing these elements was essential to minimising regulatory exposure while maintaining operational flexibility and stakeholder confidence.
Our Solution
Our team conducted an in-depth comparative review of the relevant legal frameworks across the several countries/ jurisdictions and provided practical, tailored and implementable recommendations. This included analysis of key principles under applicable data protection and health-sector laws, with a focus on achieving alignment between local compliance requirements and the client’s global data architecture.
We advised on:
- Strategies for data classification and purpose-limited retention.
- Approaches to localisation obligations, including mechanisms to satisfy stringent requirements where applicable.
- Structures for lawful cross-border transfers, incorporating necessary safeguards and approvals.
- Enhancements to governance documentation, such as consent frameworks, privacy policies, and terms of service.
- Adoption of robust security measures consistent with jurisdictional expectations.
Outcome
The client successfully developed and implemented a cohesive data governance model that reconciled varying jurisdictional demands, enabling compliant data processing and transfers across borders. This framework mitigated the regulatory risks, while providing robust support for continued innovation and regional growth, and strengthened trust in the client’s handling of sensitive health information.
It was a great experience for us at the ‘Data Practice Group’ at NovoJuris legal to work closely with the innovators, tech team, the DPO and several stakeholders.
Author: Jay Datta Legal Associate, NovoJuris Legal.
