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Medical Confidentiality Agreement

Medical Confidentiality Agreement Template for England and Wales

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Key Requirements PROMPT example:

Medical Confidentiality Agreement

"I need a Medical Confidentiality Agreement for my private medical practice in London, specifically covering the sharing of patient data with our new cloud-based records system provider starting from March 2025."

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Document background
The Medical Confidentiality Agreement is essential for organizations handling sensitive medical information in England and Wales. It provides a framework for protecting confidential medical data while ensuring compliance with UK data protection laws, including the DPA 2018 and UK GDPR. This agreement is particularly crucial when sharing medical information between healthcare providers, research institutions, or medical technology companies. It outlines specific obligations, permitted uses, security measures, and consequences of breaches.
Suggested Sections

1. Parties: Identification of all parties to the agreement including full legal names and addresses

2. Background: Context and purpose of the agreement, including the nature of the medical information to be shared

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Personal Data', 'Special Category Data', etc.

4. Scope of Confidential Information: Detailed definition of what constitutes confidential information under this agreement, including medical records, test results, patient data

5. Obligations of Confidentiality: Core confidentiality duties, including storage, handling, and protection of medical information

6. Permitted Disclosures: Circumstances where disclosure is allowed, including legal requirements, patient consent, and medical emergencies

7. Data Protection Compliance: Specific obligations under GDPR, DPA 2018, and other relevant legislation

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination

Optional Sections

1. Third Party Access: Additional provisions for sharing information with third parties such as other healthcare providers or researchers

2. International Transfer Provisions: Specific requirements for transferring medical data outside the UK

3. Research Use: Specific terms governing the use of medical information for research purposes

4. Specific Security Measures: Detailed technical and organizational measures for protecting medical data

Suggested Schedules

1. Schedule 1: Categories of Confidential Information: Detailed categorization of different types of medical information covered

2. Schedule 2: Approved Recipients: List of authorized personnel and entities permitted to access the confidential information

3. Schedule 3: Security Protocols: Specific security measures and procedures for protecting medical information

4. Appendix A: Data Processing Requirements: Detailed procedures for GDPR and DPA 2018 compliance

5. Appendix B: Incident Response Protocol: Step-by-step procedures for handling and reporting confidentiality breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Relevant legal definitions
Agreement
Confidential Information
Permitted Purpose
Permitted Recipients
Personal Data
Special Category Data
Data Protection Legislation
Medical Records
Patient Information
Healthcare Services
Disclosing Party
Receiving Party
Authorised Personnel
Security Requirements
Data Controller
Data Processor
Breach of Confidentiality
Professional Standards
Regulatory Bodies
Term
Working Day
Intellectual Property Rights
Representatives
Clinical Data
Research Data
Treatment Information
Third Party Recipients
Data Subject
Confidentiality Period
Security Measures
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Data Protection Act 2018: The UK's implementation of GDPR principles, regulating how personal data should be processed, stored, and protected, with special provisions for health data as 'special category data'

UK General Data Protection Regulation (UK GDPR): Post-Brexit version of EU GDPR, establishing fundamental principles for processing personal data and specific requirements for lawful processing of health data

Access to Medical Reports Act 1988: Legislation covering rights regarding medical reports prepared for employment or insurance purposes, including patient consent requirements

Common Law Duty of Confidentiality: Case law-based principle establishing that medical information shared in confidence must remain confidential

Human Rights Act 1998: Legislation incorporating Article 8 (Right to privacy) and requiring balance between privacy rights and other obligations

Health and Social Care Act 2012: Sets out information governance requirements and regulations for sharing health data within the NHS

Medical Act 1983: Establishes professional standards for medical practitioners and their confidentiality obligations

Professional Guidelines: Includes GMC guidance on confidentiality, NHS Confidentiality Code of Practice, and Caldicott Principles

Public Health (Control of Disease) Act 1984: Defines circumstances where confidential information may need to be disclosed for public health reasons

Mental Capacity Act 2005: Provides framework for handling confidential information of patients lacking capacity

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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