French Public Health Code
In forceI.-The hosting contract referred to in the last paragraph of I of Article L. 1111-8 is concluded between the hosting provider and its customer. It contains at least the following clauses:
1° An indication of the scope of the certificate of compliance obtained by the hosting provider, together with the dates of issue and renewal;
2° A description of the services provided, including the content of the services and the results expected, in particular for the purposes of guaranteeing the availability, integrity, confidentiality and auditability of the data hosted;
3° An indication of the hosting locations;
4° The measures implemented to guarantee respect for the rights of the persons concerned by the health data, including in particular:
the procedures for exercising data portability rights;
- the procedures for notifying the data controller of personal data breaches;
-the procedures for conducting audits by the Data Protection Officer;
5° A reference to the contractual contact person for the hosting provider's customer, to be contacted for the handling of incidents having an impact on the health data hosted;
6° A reference to the quality and performance indicators used to verify the level of service advertised, the guaranteed level, the frequency of their measurement, and the existence or absence of penalties applicable to non-compliance with these indicators;
7° Information on the conditions governing the use of any external technical service providers and the host's undertakings to ensure that such use provides an equivalent level of protection and guarantees with regard to the obligations incumbent on the host;
8° The procedures adopted to control access to hosted personal health data;
9° The host's obligations towards the natural or legal person on whose behalf it hosts the personal health data in the event of modifications or technical developments introduced by the host or imposed by the applicable legal framework;
10° Information on the guarantees and procedures put in place by the hosting provider to cover any failure on its part;
11° A statement that the hosting provider is prohibited from using the health data hosted for any purpose other than the performance of the health data hosting activity;
12° A presentation of the services provided at the end of the hosting period, particularly in the event of loss or withdrawal of certification, and the procedures for implementing the reversibility of the health data hosting service;
13° An undertaking by the host to return all the health data to the data controller at the end of the service;
14° An undertaking by the host to destroy the health data at the end of the service with the formal agreement of the data controller and without keeping any copies.
II - When the data controller or patient referred to in I of Article R. 1111-8-8 uses a service provider which itself uses a certified host to host the data, the contract between the data controller or patient and his service provider shall include the clauses referred to in I as they appear in the contract between the service provider and the certified host.
