Our health care and data protection teams work closely together to help young NCPs develop their governance models and agreements, including data exchange agreements. NHS England has published an agreed model with GPC England for data sharing and data processing for PCNs, available on the NHS England GP contracts page – click here. I also attached both documents to this email. Here are some tips to prepare for the arrival of the model sharing agreement so that you can meet the June 30 deadline with your data-sharing agreements: these documents are templates for facilitating discussions within a primary care network regarding data sharing and data processing, to facilitate the provision of the DeContract Directd Enhanced Network service. The models were agreed by NHS England and GPC England. The ability of organizations in each network to effectively exchange data between all members and associated parties will be critical to the success of the project. This will extend to public, private and service sector organizations that are expected to form networks. Over the years, the role of pharmacists in patient care has gradually increased both in the hospital and in the community and, more recently, in primary care. The new primary care network agreement for PCNs stipulates that there must be a data exchange agreement between member firms and all other organizations with which member firms wish to share patient data. An agreement on model sharing is promised, but it is still expected. In the meantime, the clock is ticking around June 30 for registration.
NHS England will establish an agreement on the sharing of NCP models to ensure compliance with the RGPD. The only data-sharing agreement recently published by NHS England (Primary Medical Care Policy and Guidance Manual: Appendix 4 – Sample Data Sharing Agreement. We do not think it will be used by the NCPs, because the model agreement works on the basis that NHS England will be a party to the agreement, and that will not be the case for ncCPs. If your NCP uses a data processor (a computer/software company) to enable data sharing, who is responsible for managing the contractor? Who owns the contract and meets the requirements of the RGPD? Have you been diligent with respect to the contractor (and all subcontractors) required by the data protection rules? The Crown`s commercial services have issued a useful memo containing standard contractual clauses for data processing contracts, see Appendix A. If you have any questions about the above questions, please contact one of our primary care lawyers. We have extensive experience working on large-scale primary procurement and our primary procurement team can provide timely and budgetary legal assistance. In addition, the sampling agreement is based on the legal basis of NHS England to transmit personal data for public interest purposes. This would not be appropriate for NCPs working on a commercial basis. Other treatment conditions should be considered, particularly when personal data of the special category (including health information) is disclosed. Data exchange has long been recognized as essential for direct care within the NHS: the 2013 caldicott review highlighted the fact that gaps in patient care should not be due to the inability to effectively exchange data.