HR: employment, incentives and pensions

Digital health HR considerations

Businesses operating, expanding into and developing digital health have a number of HR and management issues to consider: product development, sales (and incentives) and customer facing/patient issues (ethics, compliance) to concerns where employers are looking to take advantage or encourage such products in the workplace.

Growing opportunities through collaboration with others, brings challenges. Key to success is ensuring shared values, clear objectives, reporting and structural issues are addressed. Cross sector collaboration (between technology and health/pharma/biomedical organisations as well as investors) brings the potential for success and greater progress; however, to harness these benefits, careful consideration is needed to address the different cultures, operating norms, reporting lines, success measures and rewards which are radically different.

With the increased focus on wellbeing at work, and as digital health product offerings increase and their use become more sophisticated, with improved tracking and analysis, the HR, personal data and discrimination aspects should not be ignored.

Failure to address these aspects and the potential risks which arise, carry significant commercial as well as reputational risk. Organisations must proactively engage and manage the workforce to ensure compliant and ethical conduct, minimise risks and maximise success.

These considerations are not just about the product development: consideration must be given to the interface with users.

Partnership and collaboration

As with any innovation, R&D and development work, in addition to commercial and IP protection, (especially where collaborative work across organisations occurs) protections can be undone by human error: deliberate or inadvertent.

Non-disclosure Agreements and the right business protection arrangements, such as joint venture agreements, must be strengthened through good employment provisions: in contracts of employment, policies and Codes of Conduct; these should address confidentiality, intellectual property, non-poaching and appropriate (and enforceable!) restrictions on competing.

Practical steps such as training emphasising the importance of these protections and rules around designs, IP and trademarks, is also important. Equally enforcing the rules is also critical and where action has to be taken, a business must do so effectively in order to uphold key obligations and responsibilities rather than have them undermined.

Data and privacy

Any form of health record amounts to sensitive personal data and extra security measures are needed when handling health related information, including monitoring or analysing health conditions. This includes information related to age and disability and with software solutions and the use of algorithms for research and analysis; the nature of this sensitive data is increased both in volume and complexity as digital health grows in business. Even activity tracking data is personal to the user.

Data and privacy issues are central to building and maintain patient and consumer confidence. Organisations must ensure:

• staff understand and are trained in the importance of data privacy, sensitive personal data and data security
  adopt safe and secure working practices
• internal codes of conduct and ethics address the issues as well as contractual obligations, and
• disciplinary policies make clear what the expectations are and that these standards are enforced, so that appropriate action is taken in the event of transgression.

Diversity and inclusion

Extra care is needed with staff who directly engage with patients and end users. The extensive nature of anti-discrimination laws and the rights which they provide extends to customers or clients. An organisation’s legal liability for example under the Equality Act 2010 in the UK means they are responsible for the actions of employees, consultants, and agents of the organisation.

Discriminatory practices or hostile attitudes create very real risks and can amount to discrimination or harassment which would be unlawful. As a result obligations and standards must go beyond employment contracts and be included in commercial and agency agreements together with an understanding of when and how such discrimination and harassment can arise.

Compliance and regulatory

HR practices must include clear communication about regulatory rules, standards of conduct and compliance and disciplinary processes. In addition, operating early warning systems to best protect a business means having in place whistleblowing policies and processes, which individuals can have confidence in, are upheld by organisations and senior individuals, and which withstand scrutiny from regulatory bodies.