Agent · helsodata-2025-327-52
EHDS artikel 52: Intellectual property rights and trade secrets
Structural tree: the article's own paragraphs, verbatim.
CELEX 32025R0327 · 2026-08-31 · Weight 70 · minimal-risk
OpenOpen reading. No metering is planned for this class.
- What this page is
- Agent, EHDS artikel 52
- Checked against the official source
- 2026-08-31Current
- Responsible publisher
- ExploreWorld Legal, editorial deskLiability position
Short answer
What does EHDS Article 52 require, and what outcome does the rule tree give?
EHDS Article 52 is tested here by a deterministic rule tree of 5 rules, built from the article's own conditions. The tree reads your facts and names the outcome that applies, starting with Paragraph 1 applies, carrying paragraph citation, content hash and read date 2026-08-31 against CELEX 32025R0327. The outcome is a machine classification, not a compliance decision.
EHDS Article 52Checked against the publisher 2026-08-31Official text
- Paragraph 1 applies. 1. Electronic health data protected by intellectual property rights, trade secrets or covered by the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC of the European Parliament and of the Council (36) or Article 14(11) of Regulation (EC) No 726/2004 of the European Parliament and of the Council (37) shall be made available for secondary use in accordance with the rules laid down in…
- Paragraph 2 applies. 2. Health data holders shall inform the health data access body of any electronic health data containing content or information protected by intellectual property rights, trade secrets or covered by the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004. Health data holders shall identify which parts of the datasets are concerned and ju…
- Paragraph 3 applies. 3. Health data access bodies shall take all specific appropriate and proportionate measures, including of a legal, organisational and technical nature, they deem necessary to protect the intellectual property rights, trade secrets or the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004. Health data access bodies shall remain responsib…
A source reference, not legal advice.
Jurisdiction
The same agent, read through one country's lens.
Inputs
- in_scopeThe article applies to the situationboolean
- punktParagraph of the articleenum (1 | 2 | 3 | 4 | 5)
Rule tree
If: alla(in_scope = true, punkt = 1)
Paragraph 1 applies
1. Electronic health data protected by intellectual property rights, trade secrets or covered by the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC of the European Parliament and of the Council (36) or Article 14(11) of Regulation (EC) No 726/2004 of the European Parliament and of the Council (37) shall be made available for secondary use in accordance with the rules laid down in…
Paragraph 1
If: alla(in_scope = true, punkt = 2)
Paragraph 2 applies
2. Health data holders shall inform the health data access body of any electronic health data containing content or information protected by intellectual property rights, trade secrets or covered by the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004. Health data holders shall identify which parts of the datasets are concerned and ju…
Paragraph 2
If: alla(in_scope = true, punkt = 3)
Paragraph 3 applies
3. Health data access bodies shall take all specific appropriate and proportionate measures, including of a legal, organisational and technical nature, they deem necessary to protect the intellectual property rights, trade secrets or the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004. Health data access bodies shall remain responsib…
Paragraph 3
If: alla(in_scope = true, punkt = 4)
Paragraph 4 applies
4. When issuing data permits in accordance with Article 68, health data access bodies may make the access to certain electronic health data conditional on legal, organisational and technical measures, which may include contractual arrangements between health data holders and health data users for the sharing of data containing information or content protected by intellectual property rights or trade secrets. The Comm…
Paragraph 4
If: alla(in_scope = true, punkt = 5)
Paragraph 5 applies
5. Where the granting of access to electronic health data for secondary use entails a serious risk of infringing intellectual property rights, trade secrets or the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004 which cannot be addressed in a satisfactory manner, the health data access body shall refuse access to the health data appl…
Paragraph 5
If no rule matches: The article is not stated to apply, or no paragraph is selected. The agent abstains rather than guesses.
The article text as read
- 11. Electronic health data protected by intellectual property rights, trade secrets or covered by the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC of the European Parliament and of the Council (36) or Article 14(11) of Regulation (EC) No 726/2004 of the European Parliament and of the Council (37) shall be made available for secondary use in accordance with the rules laid down in this Regulation.
- 22. Health data holders shall inform the health data access body of any electronic health data containing content or information protected by intellectual property rights, trade secrets or covered by the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004. Health data holders shall identify which parts of the datasets are concerned and justify the need for the specific protection of the data. Health data holders shall provide that information when communicating to the health data access body the description of the dataset they hold pursuant to Article 60(3) of this Regulation or, at the latest, following a request received from the health data access body.
- 33. Health data access bodies shall take all specific appropriate and proportionate measures, including of a legal, organisational and technical nature, they deem necessary to protect the intellectual property rights, trade secrets or the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004. Health data access bodies shall remain responsible for determining whether such measures are necessary and appropriate.
- 44. When issuing data permits in accordance with Article 68, health data access bodies may make the access to certain electronic health data conditional on legal, organisational and technical measures, which may include contractual arrangements between health data holders and health data users for the sharing of data containing information or content protected by intellectual property rights or trade secrets. The Commission shall develop and recommend non-binding models of contractual terms for such arrangements.
- 55. Where the granting of access to electronic health data for secondary use entails a serious risk of infringing intellectual property rights, trade secrets or the regulatory data protection right laid down in Article 10(1) of Directive 2001/83/EC or Article 14(11) of Regulation (EC) No 726/2004 which cannot be addressed in a satisfactory manner, the health data access body shall refuse access to the health data applicant to such data. The health data access body shall inform the health data applicant of, and provide to the health data applicant a justification for, that refusal. Health data holders and health data applicants shall have the right to lodge a complaint in accordance with Article 81 of this Regulation.
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Citation: 32025R0327 art. 52, Intellectual property rights and trade secrets. ExploreWorld Legal, https://legal.exploreworldai.com/agent/helsodata-2025-327/artikel-52 (hämtad 2026-08-31, bevis sha256:b762f695aeb90636, bygge legal-2026-08-25).