Femtech - every woman’s right to privacy

However, how many of us stop and think about the data we upload onto our apps in efforts to better understand our body? This data is inherently private. If misused, the consequences go beyond regulatory scrutiny for FemTech solutions providers.

FemTech (“Female Technology”) is emerging as one of the most innovative and meaningful digital health technologies. It includes mobile apps, wearable devices, telemedicine platforms and diagnostic tools focusing on areas like menstrual health, fertility, pregnancy, menopause, sexual wellness and hormonal care. Research suggests that over 50 million women worldwide use some form of menstrual cycle app.

Scotland was one of the first countries to make period products free to all. And the lesser-known Scottish FemTech sector is catching up. Healthcare innovation specialist InnoScot Health predicts the market will be worth £650 million by 2031. Nevertheless, stakes are high if innovators get it wrong:

FemTech providers face acute cybersecurity risk because the data they hold is highly intimate and commercially valuable, making it an attractive target for “threat actors”. Fertility logs, cycle histories, sexual activity records, hormone data and pregnancy-related information, as well as financial data used to subscribe, can be misused in ways that go far beyond traditional identity theft. Users could be exposed to emotional distress if their most private information is compromised.

Then there is unethical advertising. A misaligned advert can cause emotional harm and erode user trust. Given the history of surveillance and stigma surrounding women’s reproductive choices, users reasonably expect enhanced protection from intrusive profiling and commercially driven "nudging".

As for data misuse, sharing data lawfully, unlawfully or through opaque “analytics” partnerships could lead to exploitation by insurers seeking to assess perceived health risk, employers analysing absenteeism or productivity, or healthcare professionals making assumptions about a user’s reproductive intentions or medical history.

Robust privacy and data governance frameworks are therefore crucial for FemTech solutions providers. But no FemTech law exists to neatly shape go-to-market strategies. Instead, providers are faced with navigating a patchwork of regulations spanning data protection, AI, product design, medical device and consumer protection laws.

The benefit of this, however, is that existing compliance efforts can be leveraged for FemTech innovation. For example, (i) FemTech data should be tagged as high risk by default, with privacy impact assessments carried out where personal data is processed; (ii) transparency and consent efforts should be heightened, explaining to users how and why their collected data is key; and (iii) scaling and further use of data should be subject to privacy by design at the initial product/feature engineering stage. This will reduce significant legal, ethical, and commercial risk, and allow providers to differentiate themselves in a crowded market by demonstrating respect for the dignity, autonomy and life experiences of their users.

FemTech sits at a pivotal moment. The sector’s capacity to close long-standing gaps in women’s health and deliver more personalised and accessible care is immense. As the regulatory landscape evolves, privacy and data governance will be essential to sustainable innovation. Providers who adopt this culture from the outset will reduce compliance risks and gain user trust in managing their most intimate personal data.

Eilís McDonald is a senior associate at DLA Piper​