Drawing upon our extensive healthcare knowledge and dedicated technology and data protection teams, we will consider how to navigate the potential pitfalls of using technology to provide remote consultations, both within the UK and further afield. Through the consideration of a case study, our speakers will analyse: • the regulatory regime - CQC registration, indemnity chains, insurance • protecting IP - cloud based computing and contractual protections • E-commerce - on-line payments and cooling off periods • DPA and IG - risk when providing services overseas and what happens if IG is breached.

1. Health-tech forum
February 2017, London

2. Sources: Candesic analysis
CERTAINTY: AGE, DEATH AND TAXES
0
@DrMTempest
candesic.com
• Medicine’s success: people live
longer
• Need technology to help us treat
more people with long term
conditions

3. Sources: Candesic analysis
INNOVATIVE WEARABLES
1
Oura Smart Ring Smart patches
@DrMTempest
candesic.com

4. x
Sources: Candesic analysis
CASE STUDY – ALIVECOR
2
@DrMTempest
candesic.com
Kardia
• Delivers an ECG trace in 30 seconds
• Discovers and monitors for possible atrial
fibrillation
• Capture, analyse and share your trace with a
GP or cardiologist
“Kardia technology makes for a far more efficient process
for symptoms that can cause serious worry to a lot of
people.”
- GP, Bradford England
www.alivecor.com

5. LYS is a wearable sensor that seeks to replicate the retinal ganglion cells and offer the user a
diagnostic and curative tool to manage and measure personal light-intake
Sources: Candesic analysis
CASE STUDY – LYS TECHNOLOGIES
3
LYS is determined to:
• Raise awareness on the impact of light on the circadian
rhythm and human wellbeing
• Offer users a feedback mechanism to judge whether they
are getting the right light, at the right time of day
• Make users conscious of the components of light and
help them change their light-habits
“The sensor will deliver data that is not just informative, but also
prescriptive and the sensor helps transform that insight into action.”
- Christina Friis Blach Petersen, CEO & Founder LYS technologies
www.lystechnologies.co.uk
@lystechnologies
@DrMTempest
candesic.com

6. Spending growth on MedTech is expected to surpass all other sectors with the US being ahead of the
spending curve
Notes: Only includes U.S. Deals >$2M, as of December 8th 2015; Fx, 1 USD: 0.66 GBP
Sources: Rock Health Funding Database; Bloomberg; European Private Equity and Venture Capital Association; Candesic analysis
DIGITAL HEALTH VENTURE FUNDING
4
2,800
100
CAGR
41%
Venture Funding Growth
£bn, US Digital Health Venture funding, 2011-2015
Venture Funding USA vs Europe
£m, Digital Health Venture funding, 2014
0.7
1.0
1.3
2.8 2.8
2011 2012 2013 2014 2015E
USA Europe
@DrMTempest
candesic.com

7. Currently the home to hospital care pathway can be segmented into 11 distinct MedTech market segments
HOME TO HOSPITAL PATIENT PATHWAY
5
Home
Wellness
market
e.g.
smartphone
apps
Health
sensors /
internet of
things
e.g. wearables,
home
monitoring
Model /
pathway
changers
e.g. change in
the way one
would book an
appointment
Pay-for direct
access
e.g. digital
consultations
Home
Diagnostics
Robo-people
e.g. technology
does the job of a
nurse or a doctor
Patient support,
e.g. peer to peer
Doctor and clinical support
e.g. Support, training and communication
Hospitals
Sources: Candesic analysis
Current level of regulation
Hospital
Information
system
e.g. EPR
Cloud and big data capabilities
Clinical trials
As wearables & apps become more sophisticated and linked into big data and
artificial intelligence, Candesic expects regulation to apply to the entire pathway
Integration across entire pathway is imperative
@DrMTempest
candesic.com

8. MedTech has developed within a siloed market with less than 1% of products having the ability to
communicate along the home to hospital care pathway
Sources: Candesic database; Candesic analysis
LACK OF INTEROPERABILITY IN THE MEDTECH CARE PATHWAY
% of digital health products that communicate across different siloes
N > 300 MedTech products
6
65.0%
21.2%
12.7%
0.7% 0.3% ≥ 5 siloes4 siloes
3 siloes
2 siloes
Communication limited to
single distinct silo
@DrMTempest
candesic.com

9. @drmtempest
#CommonSenseCSC
“The relationship between doctors and
patients will surely be much more
equal; indeed, health will be the
business primarily of patients, with
doctors as advisors, guides and
facilitators.”
Richard Smith, Editor
BRITISH MEDICAL JOURNAL 2014
5
Sources: Candesic analysis

10. @DrMTempest
candesic.com
THANK YOU
Feel free to contact me:
@DrMTempest
mtempest@candesic.com
8

11. Commercial issues
Paula Dumbill, Partner

12. Contractual structure
• Business model
• Relationship with patients
• Other commercial contracts

13. Technology
• Video conferencing solution
• Portal / patient management software
• App development

14. Intellectual property
• Website
• Trade marks and marketing materials
• Medical reports
• Software / mobile app

15. Data protection
Mark Gleeson, Partner

16. Data protection
• Where / how is data stored?
• Use of / access to data, including by 3rd parties
• What happens if there is a breach?

17. Regulatory and information
governance
Andrew Peel, Partner

18. Regulatory
• Governance
• Insurance
• Indemnity

19. Information governance
• Security measures
• Caldicott principles and IG Toolkit
• Information governance breach

20. Deborah El-Sayed
Director of Digital & Multi-channel
Development
NHS England
The Digital Art
of the Possible

22. GLOBAL
POPULATION

24. Intermittent V
Continuous ?

25. WHAT CAN
WEARABLES DO ?

26. Track muscle spasms to
help with neuro
degenerative diseases
Monitor UV / air pollutant
exposure
Woven into clothing
Use haptics to drive
behaviour change

27. Ingestibles

29. All information correct at time of production.
The information and opinions expressed within this document are
no substitute for full legal advice. It is for guidance only and
illustrates the law as at the published date. If in doubt, please
telephone us on 0370 270 6000.
© Browne Jacobson LLP 2017 – The information contained within
this document is and shall remain the property of Browne
Jacobson. This document may not be reproduced without the prior
consent of Browne Jacobson.