Companies operating in the femtech space must ensure they collect and process user data in compliance with applicable data protection laws, a renowned lawyer has warned, amid growing awareness of women’s unmet needs.
Writing in The Scotsman newspaper, Naomi Pryde, a partner in DLA Piper’s Litigation and Regulatory practice, has said that while it is exciting to see more companies in the femtech sector, women should still consider the “legal landscape” surrounding these new technologies.
“The data collected [by menstrual and fertility trackers] can be valuable information for women trying to conceive or avoid pregnancy. As such, it’s crucial to obtain valid and informed consent before collecting, using, or sharing user data,” she wrote.
“Failure to do so could result in privacy breaches and litigation risks, including claims related to lack of informed consent or improper handling of user data.”
Product liability is another significant legal aspect of femtech, Pryde said, noting Scotland’s position as the leading nation in femtech.
“Products and services, particularly medical devices, may pose risks to users if they are defective or fail to perform correctly. In such cases, users may suffer physical harm or adverse side effects, leading to potential product liability claims.
“Litigation may also arise through marketing femtech products and services,” she added.
“Companies must avoid making false or misleading claims about the benefits or effectiveness of their products or services.
“Failure to comply with advertising and marketing regulations may result in litigation risks, including claims of false advertising or unfair business practices.”
Experts have previously called for greater transparency around women’s health apps, amid concerns that app developers share their users’ data for advertisement and marketing purposes and “hide” data collection practices.
A Secure Data Recovery study has recently found that women’s health applications have secured the “dishonourable crown” of being the least trusted applications in the US.
According to the study, “respondents were most concerned about women’s health apps tracking their data… (with) more people reported having concerns with these apps than people who actually reported using the apps”.
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