UK Prime Minister Kier Starmer announced yesterday that NHS England will be abolished to “cut bureaucracy” and bring management of England’s health service “back into democratic control”. NHS England will be brought back into the Department of Health and Social Care (DHSC) over the next two years.

The Government aims to remove a “burdensome layer of bureaucracy” and “put an end to the duplication resulting from 2 organisations doing the same job”. In doing so, the intention is to save hundreds of millions of pounds, enabling funds to be channelled towards enhancing patient care, reducing waiting lists and increasing staff salaries.  However, exactly how this will be done and what impact this will have on patients, staff and the many partners of the NHS in England, including pharmaceutical companies, is not yet known.

Continue Reading UK Prime Minister Announces that NHS England will be abolished

The ICO recently announced its plan to bring the UK’s top 1,000 websites into compliance with applicable data protection law, in relation to their use of cookies. At the time of the announcement, the ICO had already checked 200 websites, and communicated its concerns to 134 of their operators. This suggests a prevalence of non-compliant cookies use. 

The ICO has not publicly confirmed which are the top 1,000 UK websites, but it would be prudent to assume that life sciences companies will appear on the list. At the same time, privacy rights group NOYB (which was responsible for the demise of the Safe Harbor and the Privacy Shield) views non-compliant website cookies as a serious concern, and uses automated mass website scanning to call them out. As a result, there is currently a real possibility of non-compliant website cookies becoming the subject of a complaint. For life sciences businesses, the risk is exacerbated since tracking website visitors may reveal sensitive information about their health, and we would advise companies to review their use of cookies across their websites to ensure that they comply with applicable legislation.

You can read more in our recent advisory.

On 11 March 2025, the European Commission published a proposal for a Critical Medicines Act (CMA).

The CMA introduces measures to improve the security of supply chains and availability of critical medicinal products and medicinal products of common interest in the European Union (EU). Some of the proposed measures directly affect Life Sciences companies, while other measures targeting the EU Member States can have a significant indirect impact on Life Sciences companies.

Continue Reading European Commission Publishes Proposal for EU Critical Medicines Act

On 6 February 2025, EU Member States announced the launch of a new pilot scheme for coordinated assessment of clinical investigations of medical devices (CI) and performance studies for in vitro diagnostic (IVD) medical devices (PS). Supported by the European Commission, the pilot allows sponsors to submit a single CI or PS application for review across multiple Member States, rather than each Member State conducting independent standalone reviews. The pilot scheme aims to make the application process for multi-national CI and PS more efficient and to reduce the duplication of activities by both the sponsor and competent authorities. As this has been a major cause of delays and complications in conducting CIs, this pilot will be welcomed by industry.

Continue Reading EU announces pilot coordinated assessment for clinical investigations of medical devices

On 5 March 2025, Regulation 2025/327 (EHDS Regulation), creating a European Health Data Space (EHDS), was published in the European Union Official Journal (EU Official Journal), marking the end of the legislative process of the EHDS Regulation.

As set out in a previous blog, the EHDS Regulation allows Life Sciences companies to apply for access to health data for secondary use while requiring them to share certain health data when acting as data holders.

The EHDS Regulation will become law on March 25, 2025, 20 days after its publication in the EU Official Journal.

For details on the key elements of the EHDS Regulation for Life Sciences companies, see our Advisory here.

Clinical research studies within the NHS in England and Wales require Health Research Authority (HRA) approval, which brings together the HRA’s assessment of governance and legal compliance with the independent ethical opinion by a Research Ethics Committee (REC). The HRA has recently changed the requirements for the UK GDPR transparency wording in new health and social care research applications submitted via the Integrated Research Application System (IRAS). The HRA service had previously provided a review service for sponsors’ GDPR transparency statements. In October last year, the HRA communicated its new updated GDPR template to all sponsors. The new HRA template was developed to ensure that research participants have all the information that they need to make an informed decision about the ways in which their personal data can be used during a clinical trial.

Continue Reading UK Health Research Authority GDPR wording template to be used from 1 April

On 3 February 2025, the UK’s Medicines and Healthcare products Regulatory Agency (MHRA) launched a consultation asking for stakeholders’ views on  draft guideline in relation to the regulation of individualised mRNA cancer immunotherapies (Draft Guideline).

The aim of the proposed guideline is to establish a clear and streamlined regulatory pathway to authorisation so that these highly innovative products can be made available to patients quickly, without compromising any assessment of safety. While the primary focus of the Draft Guideline is individualised messenger Ribonucleic Acid (mRNA) cancer immunotherapies, MHRA suggests that the regulatory and scientific principles considered might be broadly applicable to other disease indications (including rare diseases) or technologies that could benefit from personalisation or individualisation. It also states that the Draft Guideline will be updated when experience of other technologies (peptides, non-integrative DNA and polymer deliver systems) is available.  

In terms of regulatory assessment of individualised mRNA cancer immunotherapies, the Draft Guideline provides clarification of the data which should be included in marketing authorisation (MA) applications and, importantly, confirms that an individualised medicine may, in some circumstances, be granted an MA under the Human Medicines Regulations 2012 (HMRs), even where the product includes an individualised component tailored to the requirements of a specific patient.

There is currently substantial interest in the use of mRNA technology to develop individualised treatments for cancer. The current consultation is therefore of interest to companies focussing on this and other individualised therapies.

Continue Reading The UK’s MHRA launches consultation on draft guideline on individualised mRNA cancer immunotherapies

Welcome to the latest installment of Arnold & Porter’s Virtual and Digital Health Digest. This digest covers key virtual and digital health regulatory and public policy developments during January and early February 2025 from the United States, United Kingdom, and European Union.

In this issue, we discuss some useful international guidance documents from the International Medical Device Regulators Forum (IMDRF). These include Guiding Principles on Good Machine Learning Practices (GMLP) that build on the principles previously set out by the U.S. Food and Drug Administration (FDA), UK Medicines and Healthcare products Regulatory Agency (MHRA), and Health Canada, and guidance on characterization and risks of medical device software. The continued development of international guidance in this area highlights the importance of coordination between regulatory authorities and standardized guidance for these products. There have also been important developments in ongoing litigation relating to digital technologies, although whether these developments provide clear guidance to manufacturers remains to be seen.

Continue Reading Virtual and Digital Health Digest – February 2025

The UK’s General Pharmaceutical Council (GPhC) has published new guidance for registered pharmacies providing pharmacy services at a distance, including on the internet. The GPhC is the pharmacy regulator for Great Britain. Pharmacies and pharmacists, including those operating online, are required to be registered with GPhC and follow the standards it sets.

The prevalence of online pharmacies, “telemedicine” or “telehealth”, has rocketed in recent years and they provide a valuable service. However, cases have been identified where medicines were supplied inappropriately, and people were put at risk. As such, the guidance introduces enhanced safety measures whereby prescribers must take additional steps to ensure the information that a person provides in order to obtain medicines from an online pharmacy is accurate. Notably, medicines categorised as “high-risk” should not be prescribed based on an online questionnaire alone. Pharmacies are required to ensure that their own prescribers meet the requirements and, where they are dispensing product prescribed online by a third-party prescriber, ensure that those prescribers operate in accordance with the guidance.

The guidance covers risk assessments, record keeping and audits, the empowerment of staff and suitable facilities and equipment. However, this blog focuses on the requirements of the digital platform, compliance with laws, the online consultation process, enhanced requirements for “high risk” medicines and working with third-party providers.

Continue Reading Online pharmacies required to strengthen safeguards to prevent unsafe supply of medicines in the UK

PAGB published its updated Professional Code for Medicines (the Code) on 12 February 2025.

PAGB is the UK trade association that represents manufacturers of branded over the counter (OTC) medicines, self-care medical devices and food supplements. PAGB publishes two codes: the Code, which concerns advertising of OTC medicines to persons qualified to prescribe or supply (and people working for them) (PQPS), and a code regarding advertising of OTC medicines to consumers. Together, the two codes are intended to ensure a high standard of conduct and provide a mechanism for industry self-regulation regarding the promotion of OTC medicines in the UK.

The purpose of the updates to the Code was to remove outdated references and streamline content.  The key points that have been updated are set out below.

Continue Reading Proprietary Association of Great Britain (PAGB) updated Professional Code for Medicines