Artificial intelligence and cybersecurity in the light of MDR

The European legal framework, including the Medical Device Regulation ("MDR") and the soon to come into force AI Regulation ("AI Regulation"), places strict requirements on the safety and performance of AI-based medical devices. The relationship between the Medical Device Regulation and the AI Regulation is characterized by supplementary certification requirements: While the MDR regulates the safety and performance of physical medical devices, the AI Regulation addresses specific risks and the data integrity of AI systems. Products that fall under both sets of regulations must meet the requirements of both regulations in order to be certified, which provides a double safety guarantee for both physical and software-related safety.

Artificial intelligence and cybersecurity in the light of MDR2026-08-31T17:33:59+02:00

OLG Hamburg on the risk classification of medical device software

With the introduction of the MDR (Regulation (EU) 2017/745) and Rule 11 in particular, the requirements for the risk classification of medical software have been significantly tightened, as software that provides information for diagnostic or therapeutic decisions is generally assigned to at least Class IIa; the Higher Regional Court of Hamburg confirmed in its decision of 22.09.2023 that the provision of such information alone is sufficient for a higher classification - regardless of whether the software itself makes a diagnosis - and emphasized the priority of health protection, even if this broad interpretation is sometimes viewed critically by experts.

OLG Hamburg on the risk classification of medical device software2026-08-31T17:29:10+02:00
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