Solaris Healthcare Terms & Conditions: Critical Legal Risks and Compliance Gaps Exposed | Erayaha

## When Legal Loopholes Cost Millions: Solaris Healthcare’s T&C Under the Microscope

Imagine a healthcare provider facing a €20 million GDPR fine or a costly class action lawsuit—all because of overlooked clauses in their website’s terms. Our analysis of Solaris Healthcare’s Terms & Conditions uncovers four critical legal and logical risks that could expose the company to severe regulatory penalties and business losses.

1. Ambiguous Data Collection Purposes: A GDPR Minefield

The T&C states, "When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection." However, it does not specify the full range of purposes for which personal data is collected, nor does it reference a lawful basis as required by GDPR Article 6. This ambiguity could result in regulatory scrutiny and fines up to 4% of annual global turnover.

Legal Analysis

high Risk

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Added

When visitors leave comments on the site, we collect the data shown in the comments form, and also the visitor’s IP address, and browser user agent string to helpsolely for the purposes of spam detection and site security, in accordance with GDPR Article 6. Data will not be used for any other purpose without explicit consent.

Legal Explanation

The original clause is ambiguous regarding the purposes and legal basis for data collection, risking non-compliance with GDPR. The revision clarifies the specific purpose and lawful basis, reducing regulatory risk.

2. Indefinite Data Retention: Litigation and Regulatory Exposure

The clause, "If you leave a comment, the comment and its metadata are retained indefinitely," lacks a defined retention period or justification. Under GDPR Article 5(1)(e), personal data must not be kept longer than necessary. Indefinite retention exposes Solaris Healthcare to regulatory fines and potential litigation from data subjects.

Legal Analysis

high Risk

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Added

If you leave a comment, the comment and its metadata arewill be retained indefinitelyfor no longer than is necessary for the purposes for which the data was collected, in accordance with GDPR Article 5(1)(e). Retention periods will be regularly reviewed and data deleted when no longer required.

Legal Explanation

Indefinite retention violates GDPR’s data minimization and storage limitation principles. The revision introduces a defined retention policy, aligning with regulatory requirements.

3. Incomplete User Rights Disclosure: Risk of Non-Compliance

The T&C states, "If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you... You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes." However, it omits several key user rights under GDPR, such as the right to rectification, restriction of processing, and the right to object. This incomplete disclosure could lead to regulatory complaints and fines.

Legal Analysis

medium Risk

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Added

If you have an account on this site, or have left comments, you can request to receive an exported file of the personalmay exercise your rights under applicable data we hold about youprotection laws, including any data you have providedthe right to us. You can also request that weaccess, rectify, erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legalrestrict processing, or security purposesobject to processing, and data portability. Requests will be processed in accordance with GDPR and other relevant regulations.

Legal Explanation

The original clause omits several key user rights required by GDPR, increasing non-compliance risk. The revision provides a comprehensive list of rights and references regulatory compliance.

4. Unclear Data Sharing and International Transfers: Cross-Border Risk

The clause, "Visitor comments may be checked through an automated spam detection service," does not specify whether data is transferred outside the EU/EEA or the safeguards in place. GDPR Articles 44-49 require explicit disclosure and appropriate safeguards for international data transfers. Failure to address this could result in enforcement actions and reputational damage.

Legal Analysis

high Risk

Removed

Added

Visitor comments may be checked through an automated spam detection service, which may involve transferring data outside the EU/EEA. Where such transfers occur, we ensure appropriate safeguards are in place as required by GDPR Articles 44-49.

Legal Explanation

The original clause fails to disclose potential international data transfers and required safeguards, risking GDPR violations. The revision addresses cross-border compliance obligations.

Conclusion: Protecting Your Business from Preventable Legal Risks

Our examination reveals that Solaris Healthcare’s T&C contain critical gaps that could expose the company to regulatory fines, litigation, and reputational harm. Proactive redlining and legal review can prevent costly errors and ensure compliance with evolving data protection laws.

Are your terms exposing you to hidden liabilities? How would a €20 million fine impact your business? What steps can you take today to future-proof your legal framework?

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This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.