Operationalising ethics in the EHDS: Tools, principles, and governance mechanisms

List of Authors

  1. Kristina Weishäupl ,  
  2. Beatriz Jacinto Barros
    ,  
  3. Lisa Ferent
    ,  
  4. Anne Sofie Skødt Jørgensen
    ,  
  5. Alexander Leander Knudsen
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Abstract

The European Health Data Space (EHDS) offers significant opportunities for the secondary use of health data to support research, innovation, and public health across Europe. However, it introduces complex ethical governance challenges. While the EHDS Regulation requires data access applications to address ethical considerations, it does not establish a uniform EU-level ethics review pathway, leaving oversight largely to national law and institutional competence. This variability risks fragmentation, procedural inconsistency, and barriers to cross-border data access.

This article presents recommendations for operationalising ethical governance under the EHDS, informed by an EU-wide, multi-stakeholder workshop conducted under the TEHDAS2 Joint Action. Insights were analysed thematically in relation to the EHDS user journey and relevant governance frameworks, yielding recommendations across three interconnected areas: First, harmonisation with national flexibility calls for shared minimum ethical standards and a voluntary common ethics reference framework to support consistent assessments without constraining national autonomy. Standardised documentation and mutual recognition agreements can further reduce duplication while facilitating cross-border secondary use. Second, building public trust, security, and transparency require making ethical governance visible and intelligible through accessible summaries of approved data uses, clear communication on data security safeguards, and inclusive citizen engagement. Healthcare professionals are identified as key trusted intermediaries whose informed involvement can reinforce confidence in the system. Third, building capacity and expertise for ethical assessment emphasises the need for interdisciplinary skills spanning bioethics, artificial intelligence ethics, data protection, and health informatics within Health Data Access Bodies and ethics committees. EU-supported knowledge exchange, mentorship schemes, and shared digital platforms can help mitigate disparities across Member States.

Together, these recommendations offer a practical roadmap for policymakers, Health Data Access Bodies, and stakeholders to establish ethical governance that is coherent, transparent, and oriented toward the collective public good as the EHDS becomes operational.

Plain Language Summary

The European Health Data Space (EHDS) is a new EU law that aims to make health data easier to reuse for the benefit of people across Europe. Reuse of health data means using data for purposes other than the one it was originally collected for, such as research, innovation, or public health planning. This can help improve healthcare, develop new treatments, and support better policy decisions. At the same time, using health data in this way raises important ethical questions about privacy, fairness, trust, and accountability.

Under the EHDS, organisations must explain how they will handle ethical issues when applying to reuse health data. However, there is currently no common European process for ethical review. Instead, each country can decide for itself whether and how to assess ethical aspects. The risk of different approaches can lead to confusion, uneven protection, duplicated work, and difficulties when data are reused across borders. The way these issues are addressed is often called “ethical governance”.

This article shows how ethical governance under the EHDS could work in practice. The recommendations are based on discussions from an EU-wide workshop with many stakeholders under the TEHDAS2 Joint Action.

Three main needs were identified:

  • •

    First, better alignment across Europe is needed, for example through shared minimum ethical standards and mutual recognition of ethical reviews, while still respecting national differences.

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    Second, ethical governance should be transparent and easy for citizens to understand, to help build trust in how health data are used.

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    Third, it needs stronger skills and expertise for ethical reviews, especially in areas like data protection, health informatics, and artificial intelligence.

Together, these proposals offer practical guidance for putting ethical governance into practice as the EHDS becomes reality.

Corresponding author
Kristina Weishäupl
Grant information

This work has been supported by the European Union under the EU4Health Programme through the project Second Joint Action Towards the European Health Data Space (TEHDAS2). The project is funded under Grant Agreement No. 101176773.

The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.

Copyright
© 2026 Kristina Weishäupl (Corresponding Author, Co-Author); Beatriz Jacinto Barros (Co-Author); Lisa Ferent (Co-Author); Anne Sofie Skødt Jørgensen (Co-Author); Alexander Leander Knudsen (Co-Author) Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

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Authors & roles

Kristina Weishäupl

Digital Health and Data Infrastructures, Austrian National Public Health Institute, Vienna, 1010, Austria

Roles
Corresponding Author, Co-Author, Supervision, Writing – Original Draft Preparation, Writing – Review & Editing

Beatriz Jacinto Barros

Innovation in Health Information Systems, Sciensano, Brussels, 1050, Belgium

Roles
Co-Author, Writing – Original Draft Preparation, Writing – Review & Editing

Lisa Ferent

Digital Health and Data Infrastructures, Austrian National Public Health Institute, Vienna, 1010, Austria

Roles
Co-Author, Writing – Original Draft Preparation, Writing – Review & Editing

Anne Sofie Skødt Jørgensen

Danish Health Data Authority, Copenhagen S, 2300, Denmark

Roles
Co-Author, Writing – Original Draft Preparation, Writing – Review & Editing

Alexander Leander Knudsen

Danish Health Data Authority, Copenhagen S, 2300, Denmark

Roles
Co-Author, Writing – Original Draft Preparation, Writing – Review & Editing

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