Running a business in the healthcare industry carries several risks. As such, it’s essential that you’re well-protected by having the right legal documents in place. Our team can help you with your legal needs, from contracts to regulatory compliance and privacy obligations.
To open a healthcare or medical practice in the UK, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with Companies House (https://www.gov.uk/government/organisations/companies-house).
- Obtaining Employers' Liability Insurance and business insurance (e.g. professional indemnity, public liability).
- Securing Local Authority approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Registering with the Care Quality Commission (CQC) for England (https://www.cqc.org.uk/), Healthcare Inspectorate Wales (https://hiw.org.uk/), the Regulation and Quality Improvement Authority (RQIA) for Northern Ireland (https://www.rqia.org.uk/), or Healthcare Improvement Scotland (https://www.healthcareimprovementscotland.org/) depending on your location within the UK.
- Having Health and safety policies and procedures in place in accordance with the Health and Safety Executive (HSE) guidelines (https://www.hse.gov.uk/).
- Complying with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 for privacy and data protection policies and procedures (https://ico.org.uk/).
If you're running a health business, you're likely to be collecting and managing customers' health information. Under UK privacy laws, health information is considered much more sensitive than standard data. As such, there are additional requirements that apply.
For instance, if your health business is collecting health information, you are legally required to have a Privacy Policy in place in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) regardless of your business size.
The sensitive nature of health information means that your business needs to have well-drafted Privacy Policies, Cookie Policies, NDAs, and Terms and Conditions in compliance with privacy laws.
If you're conducting business in the EU, your Privacy Policy will need to comply with the EU GDPR.
Yes, you can start a healthcare business or medical practice online. This is likely to be considered a telehealth business.
However, being online does not remove your legal obligations as a health business. The specific privacy laws for health information still apply to you, and you must take measures to ensure these obligations are met virtually.
For example, your online platform should have strong security systems and cyber security systems to keep your customers' data safe when being shared online. This may require two-factor authentication or training your staff with a Data Breach Response Plan.
You should also have the relevant NDAs, confidentiality agreements, T&Cs and disclaimers on your website to protect both you and your customers.
