Health Data and the GDPR in Workplace Chats: When a Diagnosis Becomes “Information for Everyone”

A WhatsApp group for scheduling shifts, an annoyed comment about covering someone’s shift, and, right in the middle of it all, the diagnosis of a sick coworker: The Siegburg Labor Court views this as a violation of the GDPR that justifies an injunction and damages. The defendant must personally pay 1,000 euros, because a chat group does not become private simply because it was created as a private group.

Health Data and the GDPR in Workplace Chats: When a Diagnosis Becomes “Information for Everyone”2026-08-24T10:21:46+02:00

Product Liability for Medical Devices: An Overview of the New Law

The new Product Liability Act tightens product liability requirements for software used in medical devices. The more digital systems continue to learn or receive updates after they are placed on the market, the more important the question becomes: development risk or manufacturer control? It is precisely this distinction that will determine liability for medical devices in the future.

Product Liability for Medical Devices: An Overview of the New Law2026-08-24T10:36:01+02:00

Clinical Evaluation in Practice – More Than Just a Clinical Evaluation Report

Hardly any regulatory requirement of the MDR is underestimated as often as clinical evaluation. It is one of the key obligations for nearly all medical devices, yet in practice it is often reduced to the preparation of a single document: the Clinical Evaluation Report (CER). However, anyone who treats the clinical evaluation as a mere documentation task runs the risk of failing to meet the regulation’s actual requirements. In fact, it is a continuous process that spans the entire product life cycle. It is closely intertwined with risk management, post-market surveillance (PMS), post-market clinical follow-up (PMCF), and technical documentation. The CER is merely the visible tip of the iceberg—a written snapshot of a process that continues uninterrupted.

Clinical Evaluation in Practice – More Than Just a Clinical Evaluation Report2026-08-21T08:52:50+02:00

The End of Article 82 of the MDR? Why AI and Software Are Now Taking Center Stage

The planned deletion of Article 82 of the MDR could have far-reaching consequences for software and AI in drug trials. The more digital systems evaluate clinical endpoints or generate evidence, the more important the question becomes: is it an investigational device or an investigational product? It is precisely this distinction that could become the central regulatory challenge in the future.

The End of Article 82 of the MDR? Why AI and Software Are Now Taking Center Stage2026-08-21T08:54:13+02:00

MDR and Medical Devices with Indirect Clinical Benefits: Why a More Nuanced Assessment of Evidence Is Needed

The question of how to demonstrate the clinical benefit of a medical device may initially sound like a purely methodological issue. In fact, it determines which products remain available in Europe, how long approval procedures take, and how much effort manufacturers must invest in clinical evaluation. In the context of the ongoing MDR revision, this discussion is becoming significantly more intense, as not every product can be meaningfully evaluated using the same standards. It is particularly challenging to evaluate products whose contribution to treatment success cannot be directly reflected in patient-centered clinical endpoints. These include surgical instruments, endoscopes, catheters, operating tables, and numerous other products that enable or support diagnostic or therapeutic procedures in the first place. For these products, an understanding of the evidence is needed that does justice to their actual mechanism of action.

MDR and Medical Devices with Indirect Clinical Benefits: Why a More Nuanced Assessment of Evidence Is Needed2026-08-21T08:55:36+02:00

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 MDR2026-04-10T14:27:53+02:00
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