HIPAA vs GDPR: Health Data Under Both Regimes

US healthcare organisations and EU/UK-facing healthtech often face both HIPAA and GDPR. They protect overlapping data types with different legal architectures — do not assume one programme covers the other.

Related: HIPAA hub · GDPR hub · HIPAA vs SOC 2.

Minimum necessary (Privacy Rule) — 45 CFR 164.502(b): Covered entities must make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request (with listed exceptions e.g. treatment, individual access, HHS investigations).

GDPR note: Health data are a special category under Article 9; processing needs an Article 6 basis plus an Article 9 condition. Breach notification to SAs uses the Article 33 72-hour clock — different from HIPAA’s 60-day individual/HHS structure.

Comparison Snapshot

Topic

HIPAA

GDPR

Who is regulated

CEs and BAs (US federal)

Controllers/processors (incl. Art 3 extraterritorial)

Health data

PHI / ePHI definitions

Special category (Art 9)

Vendors

BAA

Art 28 DPA

Breach clocks

60-day structure (164.400–414)

72 hours to SA where Art 33 applies

Minimisation

Minimum necessary 164.502(b)

Data minimisation Art 5(1)(c)

How CyberSilo Helps

CSA maps HIPAA and GDPR evidence in one plane for dual-scope teams
ThreatHawk supports both HIPAA audit controls and GDPR Art 32 monitoring proof

Run Dual-Scope Programmes Without Mixing Clocks

Separate HIPAA 60-day breach workflows from GDPR 72-hour SA notification while sharing security telemetry.

Talk to CyberSilo HIPAA Automation

Frequently Asked Questions

If we comply with HIPAA, are we GDPR compliant?

No. GDPR has distinct lawful-basis, special-category, rights, and transfer rules. HIPAA compliance does not automatically satisfy GDPR.

Which breach deadline is stricter?

They measure different events. GDPR Art 33 uses a 72-hour SA clock; HIPAA uses 60-day structures for individuals/HHS under 164.400–414. Dual-scope incidents need both playbooks.

Do we need both a BAA and a DPA?

Often yes when a vendor is a HIPAA BA and a GDPR processor for the same service.

HIPAA hub · GDPR hub · CSA GDPR · CSA HIPAA

HIPAA vs GDPR: Health Data Under Both Regimes

Comparison Snapshot

How CyberSilo Helps

Run Dual-Scope Programmes Without Mixing Clocks

Frequently Asked Questions

If we comply with HIPAA, are we GDPR compliant?

Which breach deadline is stricter?

Do we need both a BAA and a DPA?

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HIPAA vs GDPR: Health Data Under Both Regimes

Comparison Snapshot

How CyberSilo Helps

Run Dual-Scope Programmes Without Mixing Clocks

Frequently Asked Questions

If we comply with HIPAA, are we GDPR compliant?

Which breach deadline is stricter?

Do we need both a BAA and a DPA?

Related HIPAA Resources

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