EHDS Primary Use of Health Data: Patient Rights and Cross-Border Care

Quick answer: what are EHDS patient rights?

EHDS patient rights are the rules in the European Health Data Space Regulation (EU 2025/327) that let people in the EU see, share, correct and control their electronic health data. These rights apply when data is used for care (“primary use”), including when you are treated in another EU country.

In short: you get free, immediate access to your key health data, you can add or correct information, and you can see who accessed your record. Doctors abroad can read your patient summary, and pharmacies abroad can dispense your e-prescription.

Why this matters

Imagine a patient from Munich who falls ill on holiday in Lisbon. Today the Lisbon doctor may not know her allergies, her medicines or her history, and language makes it harder. Under the EHDS, she can let local clinicians see her patient summary securely, in a standard format.

The regulation became law in March 2025. Its main primary-use rules apply from March 2029, with a second wave in 2031. Whether you are a patient, a clinician or a health-tech professional, this is worth understanding now.

What is “primary use of health data under the EHDS”?

Primary use means using electronic health data to provide care: diagnosing, treating and rehabilitating a patient. The European Commission describes it as data collected by a provider in order to care for that person.

This differs from secondary use, which covers research, policy-making and innovation. Secondary use runs through a separate infrastructure, HealthData@EU, and has its own rules.

Primary use is the part patients feel directly. It decides whether your doctor, in your country or elsewhere, can see what they need at the moment of care.

Your core EHDS patient rights

These are the rights the regulation sets out for primary use.

1. Right to access your data, free and immediately
You can access the personal electronic health data in your record through a patient-facing service, such as a national portal or app. Access should be immediate, free of charge and in an easily readable format. The priority categories come first (see the timeline below).

2. Right to a copy
You can download a copy of your data in the European electronic health record exchange format. This is useful if you change doctors, move countries or want your own backup.

3. Right to add information
You can insert information into your own record. Think of data from your own measurements or wellbeing tracking. It is clearly marked as patient-entered, so clinicians know where it came from.

4. Right to rectification
If something in your record is wrong, you can ask for it to be corrected, directly in the system or through the provider.

5. Right to restrict access
You can decide which health professionals or providers see which parts of your data, within the limits national law sets.

6. Right to know who has accessed your data
You can get information about who accessed your record, when and why. This transparency helps you spot inappropriate access.

7. Right to opt out
Member States must give people the option to opt out of access to their data through the professional access service. This lets you refuse access, though national rules can include emergency exceptions.

8. Right to complain
If you think your rights have been breached, you can complain to the national Digital Health Authority and to your data protection authority under the GDPR.

Tip: these rights sit on top of the GDPR, not in place of it. GDPR rights such as erasure and objection still apply where relevant.

Patient access to electronic health records

Patient access to electronic health records works through national services. Some countries already have mature portals. Others are still building them, and the EHDS aims to close that gap.

What you can expect over time:

• A secure login, ideally through a trusted national or EU digital identity
• A dashboard showing your patient summary, e-prescriptions and dispensations
• Later, your lab results, medical images and discharge reports
• Tools to share data with a clinician and to see an access log

You can also authorize a representative, such as a parent or a carer, to act on your behalf.

Cross-border health data exchange: how MyHealth@EU works

MyHealth@EU is the EU infrastructure that lets national health systems exchange data safely. It already runs under the Cross-Border Healthcare Directive, and the EHDS turns it from a voluntary system into a legal obligation for Member States.

Each country has a National Contact Point for eHealth. When you are treated abroad, the local provider’s request goes to the foreign contact point, and your home country’s contact point releases the data. Systems translate the content into the language of the treating clinician.

In simple terms:

1.    You are treated or buy medicine in another EU country.
2.    You identify yourself and give the provider permission.
3.    The provider’s system asks MyHealth@EU for your data.
4.    Your home country’s system sends the patient summary or prescription.
5.    The clinician or pharmacist sees it, translated.

The European Commission reports that around 15 Member States already exchange patient summaries or e-prescriptions through MyHealth@EU, and most others plan to join. Check your national health authority for your country’s current status.

Electronic prescriptions across Europe

Electronic prescriptions across Europe let you collect medicine in another EU country without a paper prescription. Your doctor issues a digital prescription at home. A pharmacist in the country you are visiting retrieves it and dispenses the medicine. The dispensation is then reported back to your home country.

Things to keep in mind:

• The service works only between countries connected to MyHealth@EU, and both need to be live for it to work.
• The medicine must be available in the country you are visiting. Brand names and packaging may differ.
• Some medicines, such as certain controlled substances, may have restrictions.
• For travellers, students and cross-border workers, this removes a real pain point: running out of medication abroad.

Patient summaries: the “emergency card” of the EHDS

The patient summary is a short record of essential information: allergies, current medicines, past conditions, vaccinations and other key facts. It is designed for unplanned care, when a doctor who has never met you needs the basics fast.

It helps clinicians to:

• Avoid risks such as drug allergies and interactions
• Make faster and safer decisions
• Overcome language barriers through standardised structure and translation

EHDS timeline: what happens when

Timelines can shift as implementing acts are adopted, so always check official sources.

What this means for healthcare providers and health-tech teams

• Providers: be ready to access and update records through the EHDS channels. Staff will need training on patient rights, especially access logs and restrictions.
• EHR vendors: only EHDS-compliant systems will be allowed on the EU market. Interoperability with the European exchange format is central.
• Member States: they must set up Digital Health Authorities and make sure patient portals and MyHealth@EU connections are in place.

Challenges to watch

• Uneven digitalization: some countries are far ahead of others.
• Patient awareness: rights only matter if people know about them.
• Digital inclusion: older adults and people with low digital skills need support and non-digital routes.
• Trust and security: clear logs, strong authentication and transparent governance will decide whether people use the system.

Frequently asked questions

What are EHDS patient rights in one sentence?

They are your rights to access, share, correct and control your electronic health data, including when you are treated in another EU country.

Does the EHDS replace the GDPR?

No. It adds health-specific rights on top of the GDPR.

When will I be able to use cross-border e-prescriptions under the EHDS?

Exchange must be operational in all Member States by March 2029. Some countries already offer it through MyHealth@EU.

Can I stop doctors from seeing my data?

You can restrict access and, where your country offers the option, opt out of professional access. Emergency exceptions may apply under national law.

Is MyHealth@EU a central database of my records?

No. It connects national systems. Your data stays in your home country and is sent only when needed and permitted.

Do I have to pay for access?

Access to your data through the patient service should be free of charge.

Key takeaways

• EHDS patient rights give you access, correction, sharing control and transparency over your health data.
• Primary use covers data used for your care, and MyHealth@EU is the engine for cross-border exchange.
• Patient summaries and e-prescriptions come first (2029), followed by images, lab results and discharge reports (2031).
• The GDPR still applies alongside the EHDS.