Public and Private Participation in Digitalised Healthcare

The digitalization of health services does not represent a neutral revolution on the regulatory front. In fact, the new digital health will be increasingly populated by private actors, who might not be directly involved in the delivery of health services. In many cases, private entities are the mere holders and developers of the technologies and knowledge that enable the digital transformation of healthcare, without being involved in the care processes, unlike current affiliated healthcare professionals or private hospitals. The engagement of these new actors results in an increased use of soft law as a method of regulation, a trend that has been part of the healthcare system for long and is now being consolidated. However, at the same time a new trend is rapidly emerging: the engagement of private entities in the governance of a system that is becoming increasingly horizontal. This work describes the new relationships between public and private actors in the health sector under the perspective of regulatory requirements.