Terms for transmitting documents
Gesundheitsdatenraum Schweiz
These terms apply when a healthcare provider, an insurer or another holder of health records (the Sender) transmits documents to data2u at a patient's request, either through the upload link in the request or by replying to it through HIN Mail.
1. Parties and roles
Verein Gesundheitsdatenraum Schweiz (GdS), c/o Ernst Hafen, Hochstrasse 95, 8044 Zürich, UID CHE-434.667.859, operates data2u. GdS receives the documents as the representative of the patient named in the request, who exercises their right to access and obtain copies of their own data. The Sender remains responsible for its own records; GdS is responsible for the copies it receives and processes them only on the patient's instructions.
2. Basis of the request
Each request contains the patient's authorization (Vollmacht) for GdS and evidence of the patient's verified identity. The Sender checks the request as it would check any request for records and may decline it or ask the patient for clarification. A request can be withdrawn by the patient; the Sender is informed by email.
3. What the Sender confirms
- The transmitted documents concern the patient named in the request and correspond to what was requested.
- The person uploading or replying is authorized by the Sender to release them.
- Files are free of malware to the best of the Sender's knowledge.
4. Channels
- Upload link (https://data2u.ch/upload/…): files are transmitted encrypted (TLS) and assigned to the request in the link.
- HIN Mail: a reply to the request at data2u@hin.ch. Health Info Net AG transports the email.
5. GdS's obligations
- Purpose: GdS uses the documents only to make them available to the patient, to add metadata and AI-assisted structure for the patient, and to operate the service. It does not sell them or use them for any other purpose.
- Confidentiality: everyone at GdS and its processors who can access the documents is bound to confidentiality.
- Storage and security: documents are stored in Switzerland at Infomaniak Network SA, encrypted at rest by Infomaniak. The processors GdS uses are listed in the privacy notice.
- Incidents: GdS informs the Sender without undue delay of a security incident that affects documents the Sender transmitted, and reports to the Federal Data Protection and Information Commissioner where the law requires it.
- Deletion: documents are deleted when the patient deletes them or their account, subject to legal retention duties.
6. Data about the Sender's staff
GdS records the sender address of HIN replies and technical data of uploads (time and IP address, in server logs) to secure the service and to trace transmissions. These records are processed under the privacy notice.
7. Costs and liability
Transmission is free of charge for the Sender. The Sender is not liable to GdS for the content of correctly transmitted records. GdS is liable for its own processing within the limits of mandatory law.
8. Changes and governing law
The date above identifies this version; earlier versions stay available online. Swiss law applies. Place of jurisdiction is Zürich.
9. Contact
Verein Gesundheitsdatenraum Schweiz (GdS)
c/o Ernst Hafen
Hochstrasse 95
8044 Zürich, Switzerland
info@gesundheitsdatenraum.ch