This chapter critically analyses the legal and regulatory framework for electronic health records in Europe and the US. In both parts of the world, the development of electronic health records is evolving quickly. Various approaches have proven to be possible and they have resulted in different electronic health record solutions and regulatory instruments. In Europe governmental bodies have been the driving force behind the development and implementation of electronic health records. Consequently many European countries established a new legal framework simultaneously with the roll-out of government-initiated eHealth structures. In the US the driving force was-up to now-not so much the government, but rather the private sector, in particular insurance companies and healthcare organisations. This resulted in a strong focus on personal health records. In 2009 however, the US government issued the largest stimulus package ever in order to encourage the adoption of electronic health record solutions.
Dumortier, J., & Verhenneman, G. (2014). Legal Regulation of Electronic Health Records: A Comparative Analysis of Europe and the US. In eHealth: Legal, Ethical and Governance Challenges (pp. 25–56). Springer-Verlag Berlin Heidelberg. https://doi.org/10.1007/978-3-642-22474-4_2