Navigating the femtech Regulatory Landscape – which rules apply and what are the enforcement priorities?

Lexology May 16, 2024
BCLP

Summary

Security, scale or functionality – pick two. This computer science principle coined by the late Professor Anderson is particularly relevant to the FemTech industry. Anderson’s Rule states that for a system to provide high functionality and security, its access may need to be limited (small scale); alternatively, offering high functionality on a larger scale, may require an acceptance of risk, e.g. of inadvertent or deliberate disclosure of information. In real life systems – including FemTech technologies – a balance must be struck.

It is no surprise, then, that the regulatory landscape for FemTech is complex and fragmented. Different jurisdictions approach the question of health/medical data in diverse ways and apply different laws and standards to the protection of personal...

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