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EHDS: The End of Data Hoarding in Healthcare – What Changes

NakedPact Editorial Committee
Reviewer: Carmelo G.
Comitato Editoriale NakedPact
July 21, 2026
10 min read
EHDS: The End of Data Hoarding in Healthcare – What Changes

What is the EHDS and Why Should You Care?

The European Health Data Space (EHDS) is a new regulatory framework that aims to unlock the potential of health data for research, innovation, and policy-making. It introduces rules for the secondary use of health data – that is, using data collected during healthcare for purposes beyond the original treatment, such as clinical research or AI development. Think of it as the end of 'data jealousy' in healthcare: no more silos where valuable information gathers dust.

Balancing Data Sharing and Intellectual Property

One of the trickiest aspects of the EHDS is finding the sweet spot between open data sharing and protecting trade secrets. The regulation mandates that health data be made available for secondary use, but with safeguards for intellectual property (IP). For example, companies can still protect proprietary algorithms or datasets that are the result of significant investment. However, they cannot simply refuse to share data that could benefit public health. It's like having a roommate who insists on sharing your Netflix password – but only for educational documentaries.

Impact on Research and Businesses

For researchers, the EHDS is a goldmine. Access to large, standardized datasets across EU member states will accelerate discoveries in areas like rare diseases, personalized medicine, and epidemiology. For businesses, especially startups, it levels the playing field: smaller players can access data that was previously locked up by big hospitals or pharma companies. But there's a catch: compliance costs and data governance requirements may be burdensome. Companies will need to invest in robust data management systems and ensure they meet strict privacy standards.

The EHDS respects patient autonomy. Individuals can opt out of having their data used for secondary purposes, except in cases of overriding public interest (e.g., pandemic response). This opt-out mechanism is crucial for building trust. However, critics argue that the default should be opt-in, not opt-out. The debate mirrors the cookie consent saga – but with higher stakes.

The EHDS requires health data to be shared for secondary use, but it does not override intellectual property rights. Data holders can still protect trade secrets and proprietary datasets, provided they do not obstruct public health objectives. The regulation aims to create a fair balance, similar to how copyright law allows fair use for research.

FAQ

What is secondary use of health data?

Secondary use refers to using health data collected during routine care for other purposes, such as research, policy-making, or developing AI tools. The EHDS sets rules for this, ensuring privacy and security.

Can companies refuse to share data under EHDS?

Not entirely. They must share data for secondary use unless they can demonstrate that it would harm their intellectual property or trade secrets. The regulation includes safeguards to prevent abuse.

How does EHDS affect patients?

Patients have the right to opt out of secondary use of their data, except in exceptional circumstances. They also benefit from better research and innovation that can improve healthcare outcomes.

EHDS Impact on Key Stakeholders

Researchers
90%
Pharma Companies
70%
Startups
85%
Patients
60%

Estimated positive impact on data access (scale 0-100%)

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NakedPact Editorial Committee

Article created by the NakedPact editorial team. Our mission is to analyze, simplify, and expose unfair terms and hidden risks in everyday contracts to protect citizens and consumers.

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