Nextica for the Health Sector: Consultancy that Understands Healthcare Complexity
Health sector companies —clinics, medical centers, laboratories, nursing homes, and sanitary product companies— have specific legal obligations that go beyond general regulations: health data is a special category of personal data that requires enhanced security measures under the GDPR; relationships with healthcare professionals have specific labor and tax implications; and the opening and operation of healthcare facilities requires prior administrative authorization.
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In detail
GDPR and health data — special category
Health data is specially protected data (art. 9 GDPR and art. 4.15 GDPR). Its processing requires a specific legal basis (explicit consent from the patient or necessity for healthcare provision), reinforced technical and organizational security measures, and a detailed record of processing activities. Clinics and medical centers with a high volume of health data are required to appoint a DPO (Data Protection Officer). At Nextica, we offer external DPO services for healthcare facilities.
Contracts with healthcare professionals
The relationship between a clinic and its professionals can be structured in very different ways: ordinary employment contract, senior management contract for the medical director, or commercial relationship (service contract with the professional's company). Each option has radically different tax and social security implications. A commercial relationship that conceals a real employment relationship can be requalified by the Labor Inspection and generate debts with Social Security for the last 4 years.
Health authorization and accreditation of centers
The opening of a healthcare center in Catalonia requires prior administrative authorization from the Departament de Salut. The requirements vary depending on the type of center (outpatient, hospital, laboratory, etc.). Non-compliance with the requirements may result in penalties and closure of the center.
Frequently asked questions
When is a clinic required to appoint a DPO?
Clinics and health centers that process health data on a large scale are required to appoint a DPO (art. 37 GDPR). The AEPD considers that a center that serves several thousand patients a year processes data on a "large scale." For centers with a lower volume, the DPO is not mandatory but is highly recommended given the risk of GDPR sanctions in the health sector.
How should the relationship with the clinic specialists be structured?
It depends on the degree of integration of the professional within the clinic's organization. If they work with fixed hours, under the clinic's guidelines, and exclusively, the relationship is labor-related regardless of the form it takes. If the professional operates independently, provides their own resources, and has their own patient base, it can be structured as a commercial relationship. The distinction is not always clear, and analyzing each case is essential to avoid reclassifications.
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