The “regulatory affairs” section comprises over 200 tasks that need to be completed during the development and approval of medical devices.

Here, you will find an overview of the most essential content so that you can get your device approved quickly.

Regulatory Affairs und Zulassung

Content

On this page, you will find articles on the following topics:

  1. What regulatory affairs is
  2. Regulatory requirements
  3. Authorization and documentation
  4. Authorities, institutions, and associations
  5. Further topics of regulatory affairs

1. What regulatory affairs is

Regulatory affairs comprises the processes and activities that ensure that medical devices meet the regulatory requirements of the countries where they are sold. This includes

  • obtaining the necessary approvals from the regulatory authorities,
  • compliance with applicable regulations and standards, and
  • maintaining conformity throughout the entire product life cycle until decommissioning.

The tasks of regulatory affairs also include monitoring changes to regulations and standards and communicating these changes to stakeholders within the company to ensure continuous compliance.

Regulatory affairs thus plays a crucial role in ensuring that medical devices are safe, effective, and comply with legal requirements.

Further information

Refer also to the article on regulatory affairs managers’ tasks, competencies, and earning potential. This includes the task of developing a regulatory strategy.

2. Regulatory requirements

a) Germany

Laws Medical Devices Law (no longer valid)

Medical Devices Implementation Act MPDG

National regulations Medical Device Operator Ordinance (Medizinprodukte-Betreiberverordnung – MPBetreibV)

Medical Device User Notification and Information Ordinance (Medizinprodukte-Anwendermelde- und Informationsverordnung – MPAMIV)

b) Europe

EU directives (only for existing devices) Medical Device Directive (MDD, 93/42/EEC) and its essential requirements

In-vitro Diagnostic Directive (IVD, 98/79/EC)

Radio Equipment Directive RED

EU regulations Medical Device Regulation MDR

In-Vitro Diagnostics Regulation (IVDR)

General Data Protection Regulation (GDPR)

AI Regulation (planned)

PFAS Regulation (planned)

EU Battery Regulation

EU Data Act

EU AI Act

EU guidelines Overview of MDCG documents

Examples

Harmonized standards Overview of harmonized standards. You will find further articles on specific standards and their implementation (also) in these categories:

c) USA

Laws Food, Drug & Cosmetic Act (FD&C)

Administrative Laws (21 CFR)

General information Request for Information: How the FDA helps with classification

FDA eCopy Program

FDA Warning Letters and FDA Form 483 (Form 483)

FDA Inspection

Software Change: What the FDA expects from you

FDA MAUDE Database: Input for risk management

Approval procedure FDA updates “Refuse to Accept Policy” for 510(k)

The FDA Pre-Submission Program

The FDA Software Precertification (Pre-Cert) Pilot Program

FDA’s De Novo Program

Level of Concern: What the FDA wants to achieve with this program

Special 510(k): When the FDA will allow this “shortcut”

Breakthrough Devices Program of the FDA

Requirements FDA Human Factors Guidances

The FDA QSIT: Quality System Inspection Technique

The FDA Benefit-Risk Guidance

Recognized Consensus Standards of the FDA

Guidance ‘Interoperable Medical Devices’

Cybersecurity: FDA guidance documents

Complete overview

d) Other markets

see section 3.a)

3. Approval and documentation

a) Approval

Approval of medical devices (overview) Please also note the presentation describing the path to the CE mark as well as the articles “7 steps to a medical device” and “Approval of IVDs.
Conformity assessment procedure (assessing conformity with statutory requirements)
Approval in China
Approval China FDA / NMPA
Approval in Brazil
Approval in Japan
Approval Saudi Arabia (SFDA)
Approval South Korea

Find more information on international approval

b) Qualification and classification (How should my device be classified?)

Qualification as a medical device (medical device yes/no). This also includes the distinction between medicinal products and medical devices, as well as the special case of combination products.
Classification according to MDR Class I, IIa, IIb, III or IVDR Class A, B, C and D
Qualification and classification of software as a medical device
Classification of devices as accessories

c) Technical documentation (What do I need to document for each device?)

Technical documentation (overview)
Intended purpose (the foundation document)
Instructions for use
Clinical evaluation of medical devices according to MEDDEV 2.7/1 rev. 4
Risk management files: risk policy, risk management plan, risk analysis, risk management report
Usability file
Software file, e.g., software requirements specification, software architecture, software tests, software release. Please also note the special features of medical apps (mobile medical apps).
Verification and validation of medical devices
Unique Device Identification

d) Quality management (What should your company fulfill?)

Quality management is not usually the responsibility of regulatory affairs. Nevertheless, we have listed some important articles for you.

Steps to a certified QM system
Audits (especially of quality management systems)
Systems for Post-Market Surveillance and PMCF (Post-Market Clinical Follow-up) and vigilance

4. Authorities, institutions, and associations

a) Germany

Federal Institute for Drugs and Medical Devices (BfArM – Bundesamt für Arzneimittel und Medizinprodukte)
German Institute for Medical Informatics (DIMDI – Deutsches Institut für medizinische Informatik); has since been integrated into the BfArM
DAkkS, the German accreditation body
State authorities: Regional councils, trade supervisory offices, governments

b) Europe

Notified bodies
NBOG: Notified Body Operations Group
MDCG: Medical Device Coordination Group

c) International

IMDRF: International Medical Device Regulators Forum

5. Regulatory affairs: Further topics

Here, you will find an article on the tasks and competencies of regulatory affairs managers.

Note the advantages and disadvantages of Regulatory Information Management Systems (RIMS) and their role in manufacturers’ digital transformation.

Part of the tasks of regulatory affairs is regulatory intelligence.

Do you still have questions, for example, about the approval of your devices? Then, take advantage of our free micro-consulting service.

If you would like support in developing and “approving” your medical devices in compliance with the law, contact us right away. The Johner Institute team will be happy to help!


Computerized Systems Validation CSV

We frequently get asked, “Do you also offer Computerized Systems Validation?” One of the reasons for the interest is certainly: Authorities and notified bodies increasingly address the Computerized Systems Validation (CSV) in audits. This article introduces regulatory requirements regarding “Computerized Systems Validation” and provides guidance on how you can best meet these requirements. Computerized Systems…

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In vitro diagnostic medical device performance evaluation: 8 steps to conformity

If manufacturers don’t conduct a legally compliant performance evaluation of their in vitro diagnostic medical device (IVD), they aren’t just running the risk of problems during the authorization process: They are risking patient safety. Therefore, the IVDR sets strict requirements for this performance evaluation. Find out how the requirements of the IVDR for the performance…

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Avoid the five most common mistakes when submitting a Premarket Notification (510(k))

The 510(k), also known as “Premarket Notification”, is one of the most common procedures for the authorization of medical devices in the USA. The concept is based on demonstrating equivalence with a predicate device (equivalent device). But the same mistakes, which can result in the entire 510(k) authorization failing, are made time and again. It…

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Post-Market Surveillance and monitoring of devices on the market

Post-Market Surveillance (PMS) is a proactive and systematic process to derive necessary corrective and preventive actions (CAPA) from information about medical devices already placed on the market. We have created a Post-Market Surveillance checklist for you. With this checklist, you can find out whether you meet the regulatory requirements of the MDR for Post-Market Surveillance…

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MDCG 2020-6: Clinical data requirements for legacy devices

Currently, manufacturers of legacy devices can keep their devices on the market without demonstrating conformity under Regulation 2017/745 on Medical Devices (MDR). However, manufacturers will have to provide the necessary clinical data by the end of the transition period at the latest. The requirements for clinical data that can be used to demonstrate conformity have increased enormously under the MDR. Furthermore,…

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Distributor requirements (that also affect the manufacturers)

The medical device regulations have significantly increased the requirements for distributors. You need to understand these requirements to avoid multi-year custodial sentences threatened in the event of infringement. This article also considers extensive guidance issued by the Irish regulator. 1. What a “distributor” is (and what it isn’t) a) Definition The Medical Device Regulation (MDR) has many…

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Labeling for medical devices

Both European and U.S. regulations place requirements on the labeling. However, the two legal systems do not understand the term entirely identically. Even the spelling differs: labeling in the USA, labelling in Europe. In this article, you will learn what you need to keep in mind in each case when it comes to labeling. Speaking…

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