Legal Advice on Research and Data Use
Research and data use require a sensitive approach to complex legal requirements - from the legality of data processing under GDPR, to the compliant use of health data, to the re-use of research data. Our specialist lawyers can help research organisations avoid legal pitfalls and ensure their projects are compliant.
What are the challenges of conducting research and using data in a legally compliant way?
The use and processing of data for research purposes, particularly health data, must comply with a number of regulations. These include
- Regulations on the European Health Data Space (EHDS)
- the law on the improved use of health data
- the Health Data Utilisation Act (GDNG)
- the requirements of § 303e SGB V for data processing
- the data protection provisions of the GDPR - in particular with regard to the so-called research privilege, or
- the planned Research Data Act.
All of these legal requirements must be taken into account when conducting research projects or developing research platforms or other digital products in the field of research.
How we can help you with research and data utilisation
- Comprehensive data protection and information security advice:
We support you in complying with GDPR and other data protection regulations, as well as in the area of IT security, to ensure the legally compliant implementation of research projects, clinical trials or product developments. - Research privilege:
We clarify and argue for you whether and that you and your project fall within the scope of the research privilege of the GDPR. - Data processing according to SGB V:
We clarify and argue for you whether and that your project fulfils the requirements of § 303e SGB V for data processing. - Data protection audits and DPIA:
We conduct data protection audits and compliance assessments, including data protection impact assessments. - Contract drafting and review:
We draft and review contracts specifically tailored to the needs of research organisations and service providers in this field. - AI compliance:
If your research project or product involves artificial intelligence, we will work with you to develop AI governance structures and prepare you for the requirements of the AI Regulation. - Out-of-court and court representation:
We represent you in the out-of-court enforcement and defence of claims, as well as in administrative and judicial proceedings. - Compliance training:
We provide customised training for your team to ensure that all employees are aware of the legal requirements in the research sector.
Why Schürmann Rosenthal Dreyer is your research partner
Schürmann Rosenthal Dreyer combines 16 years of legal expertise with in-depth technical know-how to provide you with comprehensive research solutions. Our firm not only has experienced lawyers, but also technology experts who work together to ensure that your research projects are legally compliant and future-proof. As initiators of the Health & Law network, we are deeply involved in the field of healthcare law and are committed to the legal protection of innovative healthcare solutions.
Our expertise has been recognised many times: We won the prestigious JUVE award for Law Firm of the Year in Data Protection and IT, and are ranked as one of the top 2024 law firms by The Legal 500.
Put your trust in Schürmann Rosenthal Dreyer - the partner who will lead your research projects to success with a unique combination of legal excellence and technical understanding.
Initial no-obligation consultation on research and data use
Arrange a no-obligation initial consultation with our specialist solicitors to discuss your situation and your need for advice!
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