The Principle of Proportionality in the Terms and Conditions of Use of Telemedicine Applications

Abstract

This study aims to analyze the application of standard limitation of liability clauses in telemedicine services and examine the application of the proportionality principle as a benchmark for fairness in digital contracts. This study uses a juridical-normative approach with legislative and conceptual methods. Based on the results of the study, it is concluded that the position of the parties in the telemedicine agreement constitutes a specific legal relationship in which the platform acts as an electronic system intermediary, while the doctor acts as a healthcare provider. The terms and conditions of use of the application have fulfilled the legal requirements of the agreement and reflect the proportionality principle. Contractual balance is maintained through an informed consent mechanism, guaranteed personal data protection, and a consumer complaint feature. The inclusion of an exoneration clause by the platform is seen as a rational self-protection to separate responsibilities between technological and medical aspects, thereby creating targeted legal certainty.