International legal regulation of telemedicine services in the context of digital healthcare transformation

Abstract

The purpose of this study is to provide a comprehensive analysis of international legal mechanisms regulating telemedicine services in the context of the digital transformation of healthcare systems. In recent years, the rapid development of digital technologies, artificial intelligence, cross-border exchange of medical data, and remote healthcare platforms has significantly expanded access to medical services. At the same time, these processes have generated complex legal challenges related to jurisdiction, licensing, liability, cybersecurity, personal data protection, and digital sovereignty. The study employs doctrinal legal analysis, comparative legal analysis, document analysis, and content analysis. International and regional legal frameworks governing telemedicine are examined, including the activities and recommendations of the World Health Organization, international human rights instruments, the legal frameworks of the World Trade Organization, the European Union’s General Data Protection Regulation (GDPR), and Convention 108+. The findings demonstrate the fragmented and inconsistent nature of the international legal regulation of telemedicine, significant regulatory asymmetries among states, and legal gaps related to cross-border healthcare services and the protection of medical data. The study concludes that there is a need to establish a coordinated international legal framework for telemedicine regulation capable of ensuring a balance between technological innovation, the protection of patients’ rights, and the preservation of states’ digital sovereignty.