EU and German Regulatory Frameworks

EU and German Regulatory Frameworks

Key regulations governing healthcare AI

EU Medical Device Regulation (MDR)

  • Many AI systems used for diagnosis or treatment are classified as medical devices
  • Under MDR, these tools must obtain CE marking by demonstrating safety and performance
  • AI software typically undergoes conformity assessment as Class IIa or IIb medical devices
  • Requirements include risk management, quality assurance, and post-market surveillance
  • Developers must test for issues like false positives/negatives and algorithmic biases

EU Artificial Intelligence Act (AIA)

  • Major new regulation specifically for AI, applying in phases over the next few years
  • Introduces a risk-based classification system for AI applications
  • Most healthcare AI systems will be categorized as "high-risk AI" under this Act
  • High-risk AI systems face strict obligations:
    • Implementing robust risk management processes
    • Ensuring high-quality training datasets to avoid bias
    • Maintaining transparency and human oversight
    • Registering the AI in an EU database

Coordination Between Regulations

  • Medical AI tools will need to comply with both MDR and the AI Act
  • Efforts are underway to harmonize these frameworks to avoid duplicate processes
  • Germany will enforce these EU rules nationally through designated oversight bodies
2 | 4