Subsection 5: Referencing digital health services and tools in the digital health space

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Article R1111-38

French Public Health CodeIn force

Updated 6 Nov 2023

A commission for listing digital services and tools in the digital health space service catalogue is created. An order by the Minister for Health shall establish its composition and specify its operating procedures.

This commission examines requests for inclusion in the digital health space service catalogue in accordance with the criteria set out in article R. 1111-37 and gives its opinion to the Minister for Health.

Only digital tools and services that have received a favourable opinion from the commission may be referenced in the digital health space catalogue by decision of the Minister responsible for health.

The referencing of a digital tool or service gives rise, prior to its implementation in any digital health space, to the signing of an agreement between the publisher of the service or tool, the Minister responsible for health and the Caisse nationale de l'assurance maladie. In particular, this agreement defines the respective responsibilities of the parties, the categories of data to which the service or tool may have access with the consent of the holder, the duration of the referencing, and the procedures for its possible withdrawal.

An audit procedure for referenced digital services and tools, defined by order of the Minister for Health, guarantees their compliance over time with the elements contained in the initial referencing request.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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