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Laws Medical Devices Law (no longer valid)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!


Laboratory products for “Research Use Only” (RUO) – often a dangerous claim

Manufactures use the “Research Use Only” (RUO) label to declare that their products should not be used in diagnostic procedures. This enables them to avoid the time-consuming and costly documentation required for conformity-assessed in vitro diagnostic medical devices (CE-IVDs). Nevertheless, some medical laboratories still use RUO products in diagnostic procedures, sometimes even with the knowledge…

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Products for general laboratory use: What manufacturers and laboratories need to know to avoid problems and unnecessary expense

One assumption persists: Products for general laboratory use such as PCR cyclers, NGS devices, fragment analyzers, centrifuges, pipetting robots, and extraction kits must bear a CE-IVD marking. Is this correct? There is often a lack of clarity about Hence, there are uncertainties, in order not to make themselves liable to prosecution. This article provides clarity…

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Classification of in-vitro diagnostic medical devices: how to avoid a too-high classification

The classification of in-vitro diagnostics (IVD) can have far-reaching consequences, as it has an impact on the conformity assessment procedure, certification audits, and, thus, on market launch. To help you prevent the unnecessary allocation of your IVD product to a high-risk class, this article provides an overview of 1. What qualifies a product as an…

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Accessibility

Accessibility refers to the design of products and services that can also be used by people with physical limitations. The term “products and services” encompasses both physical and digital products and services. This also includes medical devices (physical devices, apps, other standalone software). This article explains which accessibility requirements manufacturers of medical devices should be…

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Transitional provisions of the IVDR

In December 2021, the EU extended the transitional periods of Regulation 2017/746 on in vitro diagnostic medical devices (IVDR) (Regulation 2022/112). In March 2023, the European Commission decided to abolish the “sell-off period” for IVDs that comply with Directive 98/79/EC (IVDD) (Regulation 2023/607). In January 2024, the European Commission published a proposal to amend the IVDR, which further extends…

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Electronic instructions for use for medical devices (EU law)

EU Regulation 2017/745 (MDR) establishes the general requirements for instructions for use (IFU). Whether they can also be provided in electronic form (eIFU) is regulated by Implementing Regulation (EU) 2021/2226.  We have summarized the requirements for electronic instructions for use for you. 1. Requirements for the use of electronic instructions for use According to Implementing Regulation (EU) 2021/2226,…

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