21.4.2020

Apotti Legal Assessment of Personal Data Processing Challenges

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Data & Technology

We assisted Oy Apotti Ab in assessing the status and need for amendment of social and healthcare legislation from the perspective of privacy. We drafted a legal assessment of the key challenges relating to the processing of personal data encountered by healthcare professionals in their day-to-day work and proposed solutions to identified challenges. Apotti provides social and healthcare professionals access to a role-based data system that allows them to have access to customer and patient records related to their own role in real time, regardless of the service and treatment location.

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Latest references

LähiTapiola and OP Henkivakuutus – Successful representation of insurance companies in Supreme Administrative Court health data processing cases

We successfully represented insurance companies LähiTapiola and OP Henkivakuutus in two cases concerning an important point of principle: the right of insurance companies to process health data as part of the insurance application process. The Supreme Administrative Court handed down twin decisions ( one published as precedent ) addressing the matter in light of contrary DPA decisions. Under the Finnish Data Protection Act, insurance companies may, to simplify, process health data concerning “insured persons” (vakuutettu, försäkrad) to determine liability under the insurance. This rule constitutes an exception to Article 9 GDPR. At issue was whether the term “insured person” also covers people in the process of obtaining insurance coverage or only people who are already covered. In more practical terms: can an insurance company rely on the rule when considering whether/how to grant the insurance in the first place? The SAC answered in the affirmative and thus upheld the traditional industry approach over the DPA’s contrary view. The SAC noted that the Data Protection Act did not define the term “insured person” and thus looked at insurance legislation for guidance. As argued by the insurance companies, that legislation also uses the term in the context of describing the insured person’s pre-contractual informational obligations. Thus, and in view of the underlying purpose of the rule at issue, the SAC found that an “insured person” could be someone in the process of obtaining coverage, not just a person already covered. The outcome clarifies the scope of the local rule at the insurance application stage for the Finnish insurance industry.

SuperOffice – Acquisition of Lyyti

We acted as Finnish counsel to SuperOffice AS, backed by Axcel, in its acquisition of Lyyti Oy from Finnish private equity firm Vaaka Partners and other sellers. Lyyti is a leading event management software company for physical, digital and hybrid events with a strong customer base in Finland, Sweden and France. SuperOffice is a leading provider of customer relationship management (CRM) software for small and medium-sized businesses across Northern Europe. Axcel is a Nordic private equity firm with a focus on technology, business services and industrials, healthcare, and consumer sectors.

Lantmännen – Acquisition of Leipurin from Aspo

We advised Lantmännen ek för in its contemplated acquisition of Leipurin from Aspo Plc. Lantmännen is an agricultural cooperative and Northern Europe’s leader in agriculture, machinery, bioenergy and food products. Lantmännen is owned by 17,000 Swedish farmers and has 12,000 employees in over 20 countries. Leipurin is a leading Nordic supplier of bakery ingredients, equipment, and expert services to professional bakeries, confectioneries, and food manufacturers. The company operates across Finland, Sweden, and the Baltic countries with subsidiaries located in the aforementioned countries, providing comprehensive solutions to the baking industry. The closing of the transaction remains subject to regulatory approvals.

Oomi – Expansion into mobile telecommunications

We assisted Oomi Oy in its expansion into the mobile telecommunications market with the launch of Oomi Mobiili, a new MVNO brand. Our work covered the preceding due diligence process as well as structuring and negotiating key partner agreements, laying a solid foundation for Oomi’s entry into the new market. Oomi Mobiili will operate as a virtual mobile network operator, offering customers the option to purchase a mobile subscription together with their electricity contract. The phased launch is set to begin in autumn 2025, with nationwide availability targeted for early 2026.

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