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On 19 July 2023, the European Medicines Agency (EMA) published a draft Reflection paper on the use of artificial intelligence (AI) in the lifecycle of medicines (the Paper). The Paper recognises the value of this technology as part of the digital transformation within healthcare, and acknowledges its increasing use and potential to “support the acquisition, transformation, analysis, and interpretation of data within the medicinal product lifecycle”, provided of course it is “used correctly”.

The Paper reflects EMA’s early experience with and considerations on the use of AI, and gives a sense of how EMA expects applicants and holders of marketing authorisations to use AI and machine learning (ML) tools. The EMA has made clear that the use of AI should comply with existing rules on data requirements as applicable to the particular function that the AI is undertaking. It is clear that any data generated by AI/ML will be closely scrutinised by the EMA, and a risk-based approach should be taken depending on the AI functionality and the use for which the data is generated.

The Paper is open for consultation until 31 December 2023. EMA also plans to hold a workshop on 20-21 November 2023 to further discuss the draft Paper. EMA’s plan is to use the feedback from the public consultation to finalise the Paper and produce future detailed guidance. Our summary below sets out the key takeaways and the key issues that arise in the Paper.Continue Reading EMA publishes first draft of reflection paper on the use of AI in the medicinal product lifecycle

On 23 January 2019, the European Data Protection Board (EDPB) adopted an Opinion on the interplay between the Clinical Trials Regulation (CTR), which is likely to become applicable in 2020 (if not later), and the European General Data Protection Regulation (GDPR). The Opinion focusses on an area provoking much discussion since the GDPR came into force; that is, as we discussed in our previous blog, which legal bases under the GDPR are appropriate for processing personal data in the context of clinical trials?

Continue Reading GDPR and clinical trials—more clarity?

The General Data Protection Regulation (GDPR) entered into force on 25 May 2018 and, in the absence of any transition period, companies are now expected to be in full compliance with the new requirements. However, with key guidance from regulators only recently released or still in progress, and national implementing legislation enacted at the eleventh hour, developing a GDPR-compliant approach to consent in the context of clinical trials remains an ongoing project. This post reviews the guidance available to date.
Continue Reading Clinical trial consents under the EU GDPR: where do we stand?

The new General Data Protection Regulation 2016/679/EU (GDPR), which will apply throughout the EU from 25 May 2018, has strengthened the protection of individuals’ personal data. Data subjects have new rights to help ensure their data are processed securely and with adequate protections (such as the right to erasure of personal data—the “right to be…