Technology is disrupting the healthcare industry through the development of mobile apps, platform technologies, wearables and other health IT such as femtech to promote wellness and improve healthcare. The pandemic has only accelerated this disruption and the inward investment in the sector.

Our clients include healthtech and digital health companies and investors in this space. We advise on M&A and investment transactions as well as on commercial partnerships and software licensing agreements, whether through traditional licenses, or – increasingly – providing Software as a Service (SaaS) or other cloud computing solutions.

Our legal expertise in data protection compliance and information governance underpins what we do in the sector. Our team has experience advising on personal data issues particular to digital and app-based devices and advise on the broader regulatory challenges faced by our clients within a rapidly changing industry.

We understand how important it is to our clients to safely process sensitive health data and how critical it is to develop trust amongst end users and commercial partners and we provide clients with comprehensive support in this regard.

HealthTech & digital health experience

  • Advised Braincare Limited, a supplements provider on various issues relating to changing manufacturers, including advice on intellectual property related risks and creation of new manufacturer terms.

  • Advised ZavFit Ltd, a HealthTech start-up aimed at increasing wellness by helping people manage their ‘Money Stress’, on creation of a commercial structure to allow the company to enter into partnerships with potential clients.

  • Advised Humanity, Inc., the provider of an mHealth app using cutting edge algorithms to determine users’ rate of ageing based on their digital biomarkers, on the consumer and data protection requirements related to the launch of its app.

  • Advised Sweatco Ltd on various data protection compliance issues related to its “Sweatcoin” app which is designed to promote a more active lifestyle and is used by millions of users around the world.

  • Advised the Harris operating group of Constellation Software Inc. on three acquisitions in the healthcare space: QuickSilva (software which enables access to/integration with the NHS patient care records database), K2 Medical Systems (software solutions to the maternity healthcare sector) and the Genial group (comprised of Genial Genetics and Genial Compliance Systems, which deliver innovation in diagnostic and clinical process data management systems).

  • Advised the Dutch based TSS operating group of Constellation Software Inc. on the acquisition of Stratec Biomedical, the middleware software solutions division of Stratec SE, a world-leading partner for fully automated analyzer systems.

  • Fox Williams advised Anju Software Inc. on its acquisition of OmniComm Systems, a leading strategic software solutions provider to the life sciences industry.

HealthTech & digital health FAQs

Yes, we are recognised by the legal directories as a leading law firm on advising on the raising of equity finance, and we have assisted both investors and companies in various sectors on their funding rounds.

As your app is essentially a type of software which will be subject to copyright protection, one of the core requirements of the T&Cs will be to ensure that these adequately protect your intellectual property rights. The T&Cs should grant the user a licence to use the app and impose restrictions in terms of what the user is permitted to do with the app. The T&Cs should also include provisions setting out your power to terminate and suspend user accounts, limiting your liability and setting out any disclaimers you wish to include amongst other matters.

There are a number of factors which need to be considered when negotiating SaaS agreements. These include:

  • Is the agreement B2B or B2C?
  • How many users will be permitted to use the solution?
  • Will the SaaS solution result in the processing of personal data? If so, data processing provisions will need to be included.
  • What provisions are included to protect your IPR.
  • What provisions are included to limit liability and manage legal risk.
  • As a customer, do you require service levels and service credits to be included?
  • Are there industry-specific regulations which need to be complied with?

We are experienced negotiating SaaS agreements from the customer and supplier side and assist with any queries you may have.

Yes, we act for healthtech and digital health businesses on all kinds of commercial contracts including B2B contracts, international licence agreements and standard terms and conditions of business. We also advise on data protection, cyber security and GDPR as well as intellectual property and brand protection.

From a legal perspective, there are notification requirements set out under the GDPR which apply to certain types of breaches. You are required to notify the ICO within 72 hours of having become aware of a data breach, unless it is “unlikely to result in a risk” to the rights and freedoms of the individuals concerned. For higher risk breaches, the data subjects affected may also need to be notified “without undue delay”. We are experienced in advising when data breaches occur and are able to assist if a data breach takes place in your business.

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