Guidance for EU MDR - Software as a Medical Device (SaMD)

Contents

1.0 Introduction ............................................................................................................................................ 2

2.0 Scope and Objective................................................................................................................................ 2
3.0 What is Software under the MDD? ......................................................................................................... 2
4.0 What is Software under the EU MDR? .................................................................................................... 3
5.0 A deeper look at Rules 11, 17 and 22 ..................................................................................................... 8
Software that will be classified higher from the MDD to the EU MDR ..........................................11
6.0 Regulatory pathway for SaMD .............................................................................................................. 13
7.0 Examples of Software under the EU MDR ............................................................................................ 14
Appendices:................................................................................................................................................. 20
Appendix A: EU MDR vs MDD Comparison Table ....................................................................................... 21

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 Guidance for EU MDR - Software as a Medical Device (SaMD)

1.0 Introduction
Software has developed considerably since the Council Directive 93/42/EEC (EU MDD) which was
released in 1993. Manufacturers of such digital health technologies, medical applications and wearable
body sensors as examples, must carefully consider the new rules and regulatory requirements set forth
within the EU Medical Devices Regulation 2017/745 (EU MDR), adopted by the European Parliament and
Council in May 2017. The new EU MDR, with a mandatory compliance date of 26 May 2020, replaces the
former MDD, and introduces new concepts, definitions, classification rules and procedural requirements
for medical device software – and particularly for software products regulated as Class I medical devices
in Europe. Many digital health technologies will now fall into the scope of the new EU MDR.

2.0 Scope and Objective

The aim of this document is to provide guidance regarding classification and regulatory compliance of
software intended to be used as a medical device in accordance with directives and regulations in the
medical device regulation 2017/745 (EU MDR). Under the MDD previously there were 18 rules for active
devices and now under the EU MDR there are 22 rules. The scope of this document is to help those
needing to classify their device under one of the rules of the EU MDR quite clearly with less need for
ambiguity.

3.0 What is Software under the MDD?

Under the MDD there were 18 rules in total and the software section was not clearly identified. The
rules for software were mainly under the active devices section (as per Med Dev 2.4.1 Rev 9
Classification of Medical Devices), Rule 9 – Rule 12, and Rule 16 under Special rules. However, under
section 3.1.4 of Med dev 2.4.1 rev 9 we see –

3.1.4. Active medical devices

Any medical device operation of which depends on a source of electrical energy or any source of power
other than that directly generated by the human body or gravity and which acts by converting this
energy. Medical devices intended to transmit energy, substances or other elements between an active
medical device and the patient, without any significant change, are not considered to be active medical
devices. Stand alone software is considered to be an active medical device.

The concept “act by converting energy” includes conversion of energy in the device and/or conversion at
the interface between the device and the tissues or in the tissues.

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
And also under “Application of the classification of rules”:

“Due to its complexity, classification of standalone software will be covered in a specific guidance
document”.

It is also worth defining here what an accessory is:

‘accessory’ means an article which whilst not being a device is intended specifically by its manufacturer
to be used together with a device to enable it to be used in accordance with the use of the device
intended by the manufacturer of the device;

The specific guidance document is Med Dev 2.1.6 “Guidelines on the qualification and classification of
standalone software used in healthcare within the regulatory framework of Medical Devices”, however
this is not reflective of the EU MDR 2017/745 and the IMDRF guidance documents.

It is worth also looking at the definitions of a medical device in relation to software as per the MDD:

Article 1 (Definitions and Scope) – MDD 93/42 EC

2. (a)‘medical device’ means any instrument, apparatus, appliance, software, material or other article,
whether used alone or in combination, including the software intended by its manufacturer to be used
specifically for diagnostic and/or therapeutic purposes and necessary for its proper application, intended
by the manufacturer to be used for human beings for the purpose of:

— diagnosis, prevention, monitoring, treatment or alleviation of disease,

— diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap,

— investigation, replacement or modification of the anatomy or of a physiological process,

— control of conception, and which does not achieve its principal intended action in or on the human
body by pharmacological, immunological or metabolic means, but which may be assisted in its function
by such means;

4.0 What is Software under the EU MDR?

In this section we will begin to look at what the EU MDR 2017/745 describes regarding software. The
definitions section is clearly different from the MDD so this shall be described and also compared in
Appendix A in tabulated format which shows the MDD reference and the MDR reference and the
difference between the two section by section. Using the following flowchart in fig 1.0 we decide
whether our product is covered as a Medical Device under the EU MDR 2017/745, using the regulation
itself and the definitions in the next few pages.

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 Guidance for EU MDR - Software as a Medical Device (SaMD)

Figure 1.0 Decision flowchart

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
Article 2: Definitions (abbreviated) – EU MDR 2017/745

Underlined below is new text

(1) ‘medical device’ means any instrument, apparatus, appliance, software, implant, reagent, material
or other article intended by the manufacturer to be used, alone or in combination, for human beings for
one or more of the following specific medical purposes:

• diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease,

• diagnosis, monitoring, treatment, alleviation of, or compensation for, an injury or disability,

• investigation, replacement or modification of the anatomy or of a physiological or pathological

process or state,

— providing information by means of in vitro examination of specimens derived from the human body,
including organ, blood and tissue donations,

• and which does not achieve its principal intended action by pharmacological, immunological or
metabolic means, in or on the human body, but which may be assisted in its function by such
means.

The EU MDR adds– Prediction and Prognosis of Disease. These new definitions extend the already
established concept of physiological data monitoring, and processing of physiology data, with advanced
digital health care technologies capable of potentially predicting or providing a prognosis of potential
future states of disease identification, an advanced concept of diagnostics.

Article 2 (4) ‘active device’ means any device, the operation of which depends on a source of energy
other than that generated by the human body for that purpose, or by gravity, and which acts by
changing the density of or converting that energy. Devices intended to transmit energy, substances or
other elements between an active device and the patient, without any significant change, shall not be
deemed to be active devices. Software shall also be deemed to be an active device;

Annex VIII Chapter 1, 2.5. ‘Active device intended for diagnosis and monitoring’ means any active device
used, whether alone or in combination with other devices, to supply information for detecting,
diagnosing, monitoring or treating physiological conditions, states of health, illnesses or congenital
deformities.

This definition in Article 2(4), suggests that the medical device software is connected with dependent
hardware including interfaces which provide information. The EU MDR 2017/745 describes the
classification of rules related to Active Devices from Rule 9 to Rule 13 with Rule 11 being an additional
rule. Using the flowchart in fig 1.0, if the product is an app for wellbeing or lifestyle this will be clarified

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
under the definitions and the outcome will be that it is not considered a Medical Device so is outside of
the scope of this document.

Definition of accessory under the EU MDR

(2) ‘accessory for a medical device’ means an article which, whilst not being itself a medical device, is
intended by its manufacturer to be used together with one or several particular medical device(s) to
specifically enable the medical device(s) to be used in accordance with its/their intended purpose(s) or
to specifically and directly assist the medical functionality of the medical device(s) in terms of its/their
intended purpose(s);

Source - LRQA

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
Figure 2.0 Active Devices Rules Classifications EU MDR 2017/745

Definitions in MDD 93/42 EC - Annex IX (classification criteria)

The following shows the definition under the MDD:

1. Definitions for the classification rules

1.4. Active medical device

Any medical device operation of which depends on a source of electrical energy or any source of power
other than that directly generated by the human body or gravity and which acts by converting this
energy. Medical devices intended to transmit energy, substances or other elements between an active
medical device and the patient, without any significant change, are not considered to be active medical
devices. Stand-alone software is considered to be an active medical device.

II. Implementing rules

2.3. Software, which drives a device or influences the use of a device, falls automatically in the same
class.

Comparison MDD Vs EU MDR (Active Devices)

Appendix A is a comprehensive section by section comparison of the MDD to the EU MDR in relation to
software.

The terminology used in the active devices section of the EU MDR has been expanded to include terms
such as (in rule 9) - All active devices intended to emit ionizing radiation for therapeutic purposes,
including devices which control or monitor such devices, or which directly influence their performance,
are classified as class IIb.

As well as;

All active devices that are intended for controlling, monitoring or directly influencing the performance of
active implantable devices are classified as class III.

There are some other additional terms

In the MDD this was only under Rule 10 but now is included in rule 9 as well as Rule 10 as follows with
the underlined differences–

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
Active devices intended to emit ionizing radiation and intended for diagnostic or therapeutic radiology,
including interventional radiology devices and devices which control or monitor such devices, or which
directly influence their performance, are classified as class IIb.

Rule 10 also then expands with the following differences (with examples)–

if they are intended to allow direct diagnosis or monitoring of vital physiological processes, unless they
are specifically intended for monitoring of vital physiological parameters and the nature of variations of
those parameters is such that it could result in immediate danger to the patient, for instance variations
in cardiac performance, respiration, activity of the central nervous system, or they are intended for
diagnosis in clinical situations where the patient is in immediate danger, in which cases they are
classified as class IIb.

Rule 11 – This is a new rule and expanded on in Section 5.0 below

Rules 12 and 13 are not much different from the old Rules 11 and 12, with underlined differences.

All active devices intended to administer and/or remove medicinal products, body liquids or other
substances to or from the body are classified as class IIa, unless this is done in a manner that is
potentially hazardous, taking account of the nature of the substances involved, of the part of the body
concerned and of the mode of application in which case they are classified as class IIb.

Special Rules

The old rule 16 is aligned in terminology with the new rule 17 of the EU MDR 2017/745 but with better
clarity –

Devices specifically intended for recording of diagnostic images generated by X-ray radiation are
classified as class IIa.

5.0 A deeper look at Rules 11, 17 and 22

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
Rule 11

Rule 11 is a new rule specifically for standalone software, while the term “standalone” doesn’t appear in
the text of the regulation; the word alone only appears 3 times in the regulation in the context of active
or software applications. This rule sits under the active devices section but is clearly for standalone
software which unlike the MDD clearly states “stand-alone software is considered to be an active
medical device”.

Annex VIII of the EU MDR: Section 6.3. Rule 11

Figure 3.0 Graphical presentation of Rule 11 – Active Devices Source - LRQA

As per the above figure, Software intended to provide information which is used to take decisions with
diagnosis or therapeutic purposes is classified as class IIa, except if such decisions have an impact that
may cause:

• death or an irreversible deterioration of a person’s state of health, in which case it is in class III;
or

• a serious deterioration of a person’s state of health or a surgical intervention, in which case it is

classified as class IIb.

Software intended to monitor physiological processes is classified as class IIa, except if it is intended for
monitoring of vital physiological parameters, where the nature of variations of those parameters is such
that it could result in immediate danger to the patient, in which case it is classified as class IIb.

All other software is classified as class I.

The new Rule 11 does not mention or refer to the new terminology ‘prognosis and prediction.’ It is
assumed the concept of prevention and prognosis for a future disease state are to be included into the

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following definition: “Software to provide information … used to take decisions with diagnostic or
therapeutic purposes.”

The definitions and classification rules will not allow many standalone software to be classified as class I.

Almost any software used for the purpose of diagnosis, monitoring, prediction, prognosis or treatment
also provides information which is used to take decisions with diagnosis or therapeutic purposes will be
classified as class IIa or higher under rule 11.

Software that may remain in class I

Some examples of software that may remain in Class 1 are:

• Monitoring, if not used for diagnosis or if there is no vital threat. E.g. if a software monitors a
physiological parameter based on which no diagnosis is proposed and which only indicates non-
therapeutic actions. An example would be software monitoring the fluid balance and reminding
to consume fluids.

• Prognosis not intended for decision making.

• Alleviation, e.g. biofeedback systems not considered as therapy since they "solely" easy
symptoms

The EU MDR provides a clear definition in Section 1: Legislative acts (regulations):

(19) It is necessary to clarify that software in its own right, when specifically intended by the
manufacturer to be used for one or more of the medical purposes set out in the definition of a medical
device, qualifies as a medical device, while software for general purposes, even when used in a
healthcare setting, or software intended for life-style and well-being purposes is not. The qualification of
software, either as a device or an accessory, is independent of the software’s location or the type of
interconnection between the software and a device.

Above Paragraph (19) clearly exempts general-purpose software without a medical purpose as defined
in Section 1, as well as fitness and wellness apps, from being regulated as medical devices.

Therefore the following table can summarise where software is NOT considered a medical device as
opposed to when it is.

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
Software considered a Medical Software not considered a
Device Medical Device

Intended Purpose for diagnostic Intended for Documentation

purposes Purposes Only
Intended Purpose for therapeutic Intended For Research and
purposes Education
Monitoring of physiological Not specifically intended for a
processes medical purpose

Software that will be classified higher from the MDD to the EU MDR

In general, software will be classified in higher classes. Here are some examples:

Product Class according to Class according to EU MDR

MDD
App supporting the selection and dose I III
calculation of cytostatic drugs
Software suggesting diagnoses based on test I IIb or higher (up to III)
results
App to diagnose sleep apnoea I IIa (or higher)
Therapy or radiation planning software IIb IIb or III, depending on the
argumentation

Rules 17 and 22

Annex VIII of the EU MDR: Section 7.4 Rule 17 and Section 7.9 Rule 22

Figure 4.0 Graphical presentation of Special Rules 17, 22 Source - LRQA

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Rule 17

As diagnostic images refer to an output which involves complex algorithms this involves software but is
specific to X Ray radiation

Devices specifically intended for recording of diagnostic images generated by X-ray radiation are
classified as class IIa.

Rule 22

Since rule 22 explicitly describes “integrated or incorporated diagnostic function”, this often refers to
some software combined with active devices..

Active therapeutic devices with an integrated or incorporated diagnostic function which significantly
determines the patient management by the device, such as closed loop systems or automated external
defibrillators, are classified as class III.

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6.0 Regulatory pathway for SaMD

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7.0 Examples of Software under the EU MDR

Rule 11 Examples:
1. As per the above figure, Software intended to provide information which is used to take decisions with
diagnosis is classified as class IIa –

Name: Hearing Health Screening Software

Class: IIa

Producer: Ultimate Kiosks

Intended use: Provides hearing tests that classifies results into normal, conductive or sensorineural. The
software then provides recommendations for effective follow-up actions

Argument: This software falls into class IIa as it will provide information (recommendations) on the
appropriate follow up actions regarding diagnosing and treating any hearing defects but does not
impact patients in a way to cause death, irreversible/serious deterioration of health or surgical
intervention

Link: http://www.ultimatekiosk.com/site/hearinghealthscreeningsoftwarepage

2. Software intended to provide information which is used to take decisions with diagnosis or
therapeutic purposes where such decisions have an impact that may cause death or an irreversible
deterioration of a person’s state of health, in which case it is in class III;

Name: RAPID TM

Class: III

Producer: iSchemaView, Inc.

Intended use: “The RAPID neuroimaging platform creates high-quality images from non-contrast CT, CT
angiography, CT perfusion, and MRI diffusion and perfusion studies. The software provides an intuitive
and easily interpretable real-time view of brain perfusion, allowing physicians to determine lesion
volumes for a wide variety of different thresholds. CT angiography images indicate differences in vessel
density between hemispheres and an automated ASPECT score is generated from non-contrast CT.

To enhance clinical workflow, the RAPID system allows user-defined settings to generate the initial image
maps. Custom installation ensures that the system is properly configured to match your individual CT or
MRI systems. RAPID provides efficient processing and easy to interpret output screens.

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Clinical Applications

RAPID provides both viewing and analysis capabilities for functional and dynamic imaging datasets
acquired with non-contrast CT, CT Perfusion, CT angiography, and MRI including a Diffusion Weighted
MRI (DWI) Module and a Dynamic Analysis Module.

The DWI module is used to visualize local water diffusion properties from the analysis of diffusion-
weighted MRI data. The dynamic analysis module is used for visualization and analysis of dynamic
imaging data, showing properties of changes in contrast over time. This functionality includes calculation
of parameters related to tissue flow and blood volume. “

Argument: This product can and has been used to allow clinicians to make important decisions regarding
diagnosis/treatment of a stroke in patients. See: https://www.ahn.org/innovation/stroke-survivor-
credits-life-changing-rapid-software . Decisions based on results from this software can potentially fall
into the category of impact that causes “death or an irreversible deterioration of a person’s state of
health” and thus must be classed as a class III medical device

Link: http://www.i-rapid.com/products-rapid-overview

3. Software intended to provide information which is used to take decisions with diagnosis or
therapeutic purposes where such decisions have an impact that may cause: a serious deterioration of a
person’s state of health or a surgical intervention, in which case it is classified as class IIb.

Name: PredictBGL Insulin Dose Calculator

Class: IIb

Producer: ManageBGL Diabetes

Intended use: “PredictBGL is a bolus calculator intended to help people with diabetes calculate doses,
track patterns, detect trends, reduce the incidence of hypoglycaemia, and help improve doses. The
system is intended for use in individual patients, with Type 1 diabetes, or those who use insulin as part of
a diabetes regimen such as Type 2 diabetes, LADA/Type 1.5 and gestational diabetes. During use,
PredictBGL is customized to one patient’s dose regime. It should never be used to calculate doses for
another patient. PredictBGL should be used to log blood sugars, carbohydrates and insulin 3 or more
times per day.”

Argument: This software falls into class IIb because it provides information regarding decisions for
insulin dosage for patients with diabetes. Miscalculation of such a dose could result in hyperglycaemia or
hypoglycaemia which can be regarded as a serious deterioration of a person’s state of health.

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
Link: https://www.managebgl.com/

4. Software intended to monitor physiological processes is classified as class IIa,

Name: VitaDock+

Class: IIa

Producer: Medisana

Intended use: “With the VitaDock+ App, all health and vital data can be monitored at anytime and
anywhere. As a user you can supplement each value with comments and display additional graphs and
evaluations. This will make health management even more customized.

Argument: This medical device software falls into class IIa as it is used to monitor physiological processes
that do not result in immediate danger to the patient

Link: https://www.medisana.com/VitaDock-App-2-0.html

5. Software intended to monitor physiological processes except if it is intended for monitoring of vital
physiological parameters, where the nature of variations of those parameters is such that it could
result in immediate danger to the patient, in which case it is classified as class IIb.

Name: RespiraSense Software Application

Class: IIb

Producer: PMD solutions

Intended use: “Medical professionals can set alert thresholds, interface with RespiraSense and retrieve
vital information using the Respirasense software on a tablet. To ensure while using wireless technology
that the chain of custody between the patient’s information and their medical chart is secure, PMD has
created a scan to connect feature. Scan to connect allows medical professionals to rename a lobe from a
complex ID to the patient’s own medical record number. This enables quick and efficient retrieval of a
single patient’s vital information with the confidence of knowing it’s the right information from the right
patient.

Using the RespiraSense software to scan the QR code on the back of the Lobe and then scanning the
medical record number of the patient achieves this. To retrieve that patient’s vital information at any
time thereafter simply scan the patient medical record number. Due to PMD’s novel signal processing

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capabilities, RespiraSense can confidently be used on a variety of body profiles, gender and ages, to truly
offer a new industry standard in acute and continuous respiratory rate monitoring.”

Argument: the RespiraSense software application is a class IIb medical device because it monitors a
physiological process (respiration) which is vital and where the nature of variations of those parameters
is such that it could result in immediate danger to the patient. This is because “Relative changes in
respiratory rate are the most sensitive and specific prediction of deterioration in patients” and
“Continuous respiratory rate monitoring gives an advanced warning to medical staff at the very earliest
stages of patient deterioration.”

Link: http://www.pmd-solutions.com/respiratory-rate-monitoring/

6. All other software is classified as class I.

Name: Migraine Buddy

Class: I

Producer: Healint

Intended use: “Migraine Buddy is an advanced migraine headache diary and tracking app designed with
neurologists and data scientists.” “Track your migraine, understand your triggers, and share your
migraine history with your doctor to get the best possible treatment”

Argument: Migraine Buddy is a class I medical device because it simply records and merges data relating
to migraines without seeking to diagnose or make decisions for patients, nor does it monitor any vital or
naturally occurring physiological process. It was designed to gather many different types of data related
to migraines, so patients can consult their doctors by sharing their recorded migraine history.

Link: https://healint.com/

Rule 17 example
Devices specifically intended for recording of diagnostic images generated by X-ray radiation are
classified as class IIa.

Name : Ziehm Solo FD

Class: IIa

Producer - X OGraph

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
Intended Use: Ziehm Imaging started the paradigm shift of innovative detector technologies for mobile
X-ray imaging from image intensifiers (I.I.) to flat-panel detectors. Other C-arm competitors followed and
reconfirmed the trend of implementing amorphous silicon (aSi) flat-panel detectors to their mobile
systems. Since then, Ziehm Imaging continuously reaffirms this step in further driving innovations for
mobile X-ray imaging systems with the latest flat-detector technology

The Ziehm Solo FD is a great all-rounder for general purpose fluoroscopy. It would be ideal for, but not
limited to, the following applications:
· General Orthopaedics
· Urology
· Pain Management
· Pacing Wire Insertion
· Speech & Language (SALT)
· Paediatrics
Cine record and replay ('loop') and a vascular software package with DSA, Maximum Opacification and
Roadmap can also be specified

Argument: The Ziehm Solo FD uses X Ray radiation at low dose but is clearly recording images for
diagnosis for multiple areas as described in the intended use

Link : https://xograph.com/ziehm-solo-fd

Rule 22 example
Active therapeutic devices with an integrated or incorporated diagnostic function which significantly
determines the patient management by the device, such as closed loop systems or automated external
defibrillators, are classified as class III.

Name : Zoll R series Defibrillator

Class: III

Producer - Zoll

Intended Use: Defibrillator Function The R Series system is indicated for defibrillation on victims of
cardiac arrest where there is apparent lack of circulation as indicated by: • Unconsciousness. • Absence
of breathing. • Absence of pulse. The R Series system in the Manual mode is indicated for synchronized
cardioversion of certain atrial or ventricular arrhythmias. A qualified physician must decide when
synchronized cardioversion is appropriate. The R Series system Semiautomatic and Manual mode is
indicated for use in early defibrillation programs where the delivery of a defibrillator shock during

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resuscitation involving CPR, transportation, and definitive care are incorporated into a medically-
approved patient care protocol. The R Series system Semiautomatic and Manual mode is indicated for
adult and pediatric patients.

The CPR dashboard is an incorporated diagnostic.

Argument: Rule 22 itself provides this as an example since it has a diagnostic function

Link : https://www.zoll.com/medical-products/defibrillators/r-series/

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Appendices:

Appendix A : EU MDR vs MDD Comparison Table

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Appendix A: EU MDR vs MDD Comparison Table

MDD EU MDR Differences between EU MDR and

MDD

Introductory statements

(19) Extra information in the EU MDR on

what qualifies a piece of software to be
It is necessary to clarify that software in its own right, defined as a medical device (SaMD)
when specifically intended by the manufacturer to be
used for one or more of the medical purposes set out 1. Software that is used for one or
in the definition of a medical device, qualifies as a more medical purposes
medical device, while software for general purposes, (defined in article 2 (1)) is a
even when used in a healthcare setting, or software medical device
intended for life-style and well-being purposes is not a
medical device. The qualification of software, either
as a device or an accessory, is independent of the 2. While software for general
software's location or the type of interconnection purposes, even when used in a
between the software and a device. healthcare setting, or software
intended for life-style and well-
being purposes is not a medical
device.

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Article 1 (Definitions and Scope) Article 2 (Definitions) Here the definition of a medical device
is similar to that in the MDD but
2. (a) (1) expanded to include implants and
reagents.
‘medical device’ means any instrument, ‘medical device’ means any instrument, apparatus,
apparatus, appliance, appliance, software, implant, reagent, material or The new definition also includes
software, material or other article, whether other article intended by the manufacturer to be prediction and prognosis of disease as a
used alone or in combination, including the used, alone or in combination, for human beings for function of the medical device
software intended by its manufacturer to be one or more of the following specific medical
used specifically for diagnostic and/or purposes:
therapeutic purposes and Handicap has been replaced by
necessary for its proper application, — diagnosis, prevention, monitoring, prediction, disability (1)
intended by the manufacturer prognosis, treatment or alleviation of disease,
to be used for human beings for the purpose Investigation, replacement or
of: — diagnosis, monitoring, treatment, alleviation of, or modification of physiological state and
compensation for, an injury or disability, pathological process or state have been
— diagnosis, prevention, monitoring, added to the EU MDR.
treatment or alleviation of
disease, Support of conception has been added
— investigation, replacement or modification of the to EU MDR (2)
— diagnosis, monitoring, treatment, anatomy or of a physiological or pathological process
alleviation of or compensation or state, Software is considered an ‘active
for an injury or handicap, device’ the definition of which is
— providing information by means of in vitro covered in Annex IX, I (1.4) in the MDD
— investigation, replacement or examination of specimens derived from the human but has been placed under article 2 (4)
modification of the anatomy or of body, including organ, blood and tissue donations, of the EU MDR. One small difference is
a physiological process, that the EU MDR includes devices that

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And which does not achieve its principal intended change the ‘density of the energy’
— control of conception, action by pharmacological, immunological or received from the source within the
metabolic means, in or on the human body, but which definition of active medical device.
and which does not achieve its principal may be assisted in its function by such means.
intended action in or on The Definition of ‘compatibility’ of a
the human body by pharmacological, The following products shall also be deemed to be medical device has been added to the
immunological or metabolic medical devices: EU MDR under Article 2 (25) and
means, but which may be assisted in its includes software within this definition.
function by such means; — devices for the control or support of conception;
The Definition of ‘interoperability’ of a
— products specifically intended for the cleaning, medical device has been added to the
disinfection or sterilisation of devices as referred to EU MDR under Article 2 (26) and
in Article 1(4) and of those referred to in the first includes software within this definition.
paragraph of this point.

(4)

‘active device’ means any device, the operation of

which depends on a source of energy other than that
generated by the human body for that purpose, or by
gravity, and which acts by changing the density of or
converting that energy. Devices intended to transmit
energy, substances or other elements between an
active device and the patient, without any significant
change, shall not be deemed to be active devices.
Software shall also be deemed to be an active device;

(25)

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‘compatibility’ is the ability of a device, including

software, when used together with one or more other
devices in accordance with its intended purpose, to:

(a) perform without losing or compromising the

ability to perform as intended, and/or

(b) Integrate and/or operate without the need for

modification or adaption of any part of the combined
devices, and/or

(c) Be used together without conflict/interference or

adverse reaction.

(26)

‘interoperability’ is the ability of two or more devices,

including software, from the same manufacturer or
from different manufacturers, to:

(a) exchange information and use the information

that has been exchanged for the correct execution of
a specified function without changing the content of
the data, and/or

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Guidance for EU MDR - Software as a Medical Device (SaMD)
(b) communicate with each other, and/or

(c) Work together as intended.

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 Guidance for EU MDR - Software as a Medical Device (SaMD)

Annex I (Essential requirements) Annex I (general safety and performance Annex I of the MDD which covered the
requirements) essential requirements of a medical
II. Requirements regarding design and device has been replaced by Annex I of
construction Chapter I (general requirements) the EU MDR now called the general
safety and performance requirements
12. Requirements for medical devices 14.2. Devices shall be designed and manufactured in (GSPR) which is much more extensive
connected to or equipped with an such a way as to remove or reduce as far as possible: and covers more criteria and
energy source definitions.
(d) the risks associated with the possible negative
12.1a interaction between software and the IT environment In relation to software, the GSPR
within which it operates and interacts; section covers the following:
For devices which incorporate software or
which are medical software 17. Electronic programmable systems — devices that 1. Regulations for
in themselves, the software must be incorporate electronic programmable systems and removal/reduction of risks
validated according to the state of the art software that are devices in themselves associated with interaction
taking into account the principles of between software and its
development lifecycle, risk-management, intended environment
validation and verification.
17.1. Devices that incorporate electronic 2. Regulations for the design,
programmable systems, including software, or development and manufacture
software that are devices in themselves, shall be of devices that incorporate
designed to ensure repeatability, reliability and electronic programmable
performance in line with their intended use. In the systems, including software, or
event of a single fault condition, appropriate means software that are devices in
shall be adopted to eliminate or reduce as far as themselves and the
possible consequent risks or impairment of consideration of the specific
performance. features of any mobile

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Guidance for EU MDR - Software as a Medical Device (SaMD)
computing platform the
17.2. For devices that incorporate software or for software is used on.
software that are devices in themselves, the software
shall be developed and manufactured in accordance 3. What information should be
with the state of the art taking into account the included in instructions for use
principles of development life cycle, risk management, such as minimum hardware
including information security, verification and requirements and IT security
validation. measures

17.3. Software referred to in this Section that is Strong similarities between 12.1a of
intended to be used in combination with mobile MDD Annex 1 and 17.2 of EU MDR
computing platforms shall be designed and Annex 1 the main differences being:
manufactured taking into account the specific
features of the mobile platform (e.g. size and contrast 1. Devices that incorporate
ratio of the screen) and the external factors related to software are to be ‘validated’
their use (varying environment as regards level of (MDD) vs ‘developed and
light or noise). manufactured’ (EU MDR)
according to the ‘state of the
17.4. Manufacturers shall set out minimum art’
requirements concerning hardware, IT networks
characteristics and IT security measures, including 2. EU MDR includes ‘information
protection against unauthorised access, necessary to security’ as a factor that needs
run the software as intended. to be considered in the
development of a medical
23.4. Information in the instructions for use: device with no mention of
‘information security’ in the
(f) where applicable, information allowing the MDD
healthcare professional to verify if the device is

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Guidance for EU MDR - Software as a Medical Device (SaMD)
suitable and select the corresponding software and
accessories;

(ab) for devices that incorporate electronic

programmable systems, including software, or
software that are devices in themselves, minimum
requirements concerning hardware, IT networks
characteristics and IT security measures, including
protection against unauthorised access, necessary to
run the software as intended.

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Guidance for EU MDR - Software as a Medical Device (SaMD)

Annex II (Technical documentation) The EU MDR coves much more

information regarding the requirements
1.1. Device description and specification of the technical documentation.

(j) A general description of the key functional Two annexes of the EU MDR are
elements, e.g. its parts/components (including dedicated to technical documentation:
software if appropriate), its formulation, its
composition, its functionality and, where relevant, its 1. Annex II (technical
qualitative and quantitative composition. Where documentation)
appropriate, this shall include labelled pictorial
representations (e.g. diagrams, photographs, and 2. Annex III (technical
drawings), clearly indicating key parts/components, documentation on post-market
including sufficient explanation to understand the surveillance)
drawings and diagrams;
In the MDD technical documentation is
6. Product verification and validation covered under:

6.1. Pre-clinical and clinical data 1. Annex II section 3 (particularly

3.2(c))
(b) detailed information regarding test design,
complete test or study protocols, methods of data 2. Annex VII section 3
analysis, in addition to data summaries and test
conclusions regarding in particular: In the new EU MDR the technical
documentation must also include all the
— Software verification and validation (describing the detailed information regarding software
software design and development process and verification and validation in
evidence of the validation of the software, as used in accordance with Annex II 6.1(b)

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the finished device. This information shall typically
include the summary results of all verification,
validation and testing performed both in-house and in
a simulated or actual user environment prior to final
release. It shall also address all of the different
hardware configurations and, where applicable,
operating systems identified in the information
supplied by the manufacturer);

— Performance and safety.

Where applicable, conformity with the provisions of

Directive 2004/10/EC of the European Parliament and
of the Council (1) shall be demonstrated. Where no
new testing has been undertaken, the documentation
shall incorporate a rationale for that decision. An
example of such a rationale would be that
biocompatibility testing on identical materials was
conducted when those materials were incorporated in
a previous version of the device that has been legally
placed on the market or put into service;

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Annex VI, Part C (UDI system)

A new addition to regulations in the EU
1. Definitions MDR not previously covered by the
MDD is the introduction of a Unique
UDI-PI The UDI-PI is a numeric or alphanumeric code Device Identification (UDI) system as
that identifies the unit of device production. specified in:

The different types of UDI-PIs include serial number, 1. Article 27 (Unique Device
lot number, software identification and Identification system)
manufacturing or expiry date or both types of date.
2. Article 28 (UDI database)
3. The UDI
3. Article 27 (registration of
3.5. If a lot number, serial number, software devices)
identification or expiry date appears on the label, it
shall be part of the UDI-PI. If there is also a 4. Annex VI
manufacturing date on the label, it does not need to
be included in the UDI-PI. If there is only a In the EU MDR, Annex VI, Part C, 6.5
manufacturing date on the label, this shall be used as outlines the rules for the UDI of
the UDI-PI. standalone software and of software
that is a medical device in its own right.

6. Rules for specific device types

6.5. Device Software

6.5.1. UDI assignment Criteria

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Guidance for EU MDR - Software as a Medical Device (SaMD)

The UDI shall be assigned at the system level of the

software. Only software which is commercially
available on its own and software which constitutes a
device in itself shall be subject to that requirement.
The software identification shall be considered to be
the manufacturing control mechanism and shall be
displayed in the UDI-PI.

6.5.2. A new UDI-DI shall be required whenever there

is a modification that changes:

(a) the original performance;

(b) the safety or the intended use of the software;
(c) interpretation of data.

Such modifications include new or modified

algorithms, database structures, operating platform,
architecture or new user interfaces or new channels
for interoperability.

6.5.3. Minor software revisions shall require a new

UDI-PI and not a new UDI-DI.
Minor software revisions are generally associated
with bug fixes, usability enhancements that are not
for safety purposes, security patches or operating
efficiency.
Minor software revisions shall be identified by a

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Guidance for EU MDR - Software as a Medical Device (SaMD)
manufacturer-specific form of identification.

6.5.4. UDI placement criteria for software

(a) Where the software is delivered on a physical

medium, e.g. CD or DVD, each packaging level shall
bear the human readable and AIDC representation of
the complete UDI. The UDI that is applied to the
physical medium containing the software and its
packaging shall be identical to the UDI assigned to
the system level software;

(b) the UDI shall be provided on a readily accessible

screen for the user in an easily-readable plain-text
format, such as an ‘about’ file, or included on the
start-up screen;

(c) software lacking a user interface such as

middleware for image conversion, shall be capable of
transmitting the UDI through an application
programming interface (API);

(d) only the human readable portion of the UDI shall

be required in electronic displays of the software. The
marking of UDI using AIDC shall not be required in the
electronic displays, such as ‘about’ menu, splash

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Guidance for EU MDR - Software as a Medical Device (SaMD)
screen etc.;

(e) the human readable format of the UDI for the

software shall include the Application Identifiers (AI)
for the standard used by the issuing entities, so as to
assist the user in identifying the UDI and determining
which standard is being used to create the UDI.

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Guidance for EU MDR - Software as a Medical Device (SaMD)

Annex VII (requirements to be met by notified

bodies) MDD covers notified bodies in the
following sections:
3. Resource requirements
1. Article 16 (Notified bodies)
3.2. Qualification criteria in relation to personnel
2. Annex XI (criteria to be met for
the designation of notified
3.2.1. The Notified Body shall establish and document bodies)
qualification criteria and procedures for selection and
authorisation of persons involved in conformity
assessment activities, including as regards The EU MDR introduces more
knowledge, experience and other competence information and regulations governing
required, and the required initial and ongoing notified bodies with the addition of
training. The qualification criteria shall address the strict criteria detailing the requirements
various functions within the conformity assessment to be met by notified bodies and their
process, such as auditing, product evaluation or certification which can be found in EU
testing, technical documentation review and decision- MDR:
making, as well as the devices, technologies and
areas, such as biocompatibility, sterilisation, tissues 3. Chapter IV (Notified bodies,
and cells of human and animal origin and clinical Articles 35 to 50)
evaluation, covered by the scope of designation.
4. Annex VII (requirements to be
3.2.2. The qualification criteria referred to in Section met by notified bodies)
3.2.1 shall refer to the scope of a notified body's
designation in accordance with the scope description 5. Annex XII (certificates issued by
used by the Member State for the notification a notified body)

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Guidance for EU MDR - Software as a Medical Device (SaMD)
referred to in Article 42(3), providing a sufficient level
of detail for the required qualification within the According to Annex VII 3.2.2 of the EU
subdivisions of the scope description. Specific MDR, software is one of the categories
qualification criteria shall be defined at least for the requiring specific qualification criteria
assessment of: to be defined for its assessment and
— the pre-clinical evaluation, 3.2.5 defines the qualifications required
— clinical evaluation, by personnel carrying out the software
— tissues and cells of human and animal origin, validation. This was not previously
— functional safety, defined in specifics in the MDD.
— software,
— packaging,
— devices that incorporate as an integral part a
medicinal product,
— devices that are composed of substances or of
combinations of substances that are absorbed by or
locally dispersed in the human body and
— the different types of sterilisation processes.

3.2.5. The personnel responsible for carrying out

product-related reviews (product reviewers), such as
technical documentation reviews or type
examination, including aspects such as clinical
evaluation, biological safety, sterilisation and
software validation, shall have all of the following
proven qualifications:

— successful completion of a university or a technical

college degree or equivalent qualification in relevant

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Guidance for EU MDR - Software as a Medical Device (SaMD)
studies, e.g. medicine, pharmacy, engineering or
other relevant sciences;

—four years' professional experience in the field of

healthcare products or related activities, such as in
manufacturing, auditing or research, of which two
years shall be in the design, manufacture, testing or
use of the device or technology to be assessed or
related to the scientific aspects to be assessed;

— knowledge of device legislation, including the

general safety and performance requirements set out
in Annex I;

— appropriate knowledge and experience of relevant

harmonised standards, CS and guidance documents;

— appropriate knowledge and experience of risk

management and related device standards and
guidance documents;

— appropriate knowledge and experience of clinical

evaluation;

— appropriate knowledge of the devices which they

are assessing;

— appropriate knowledge and experience of the

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
conformity assessment procedures laid down in
Annexes IX to XI, in particular of the aspects of those
procedures for which they are responsible, and
adequate authorisation for carrying out those
assessments;

— the ability to draw up records and reports

demonstrating that the relevant conformity
assessment activities have been appropriately carried
out.

Annex IX (classification criteria) Annex VIII (Classification rules) Annex IX of the MDD and Annex VIII of
the EU MDR deal with classification and
I. Definitions Chapter II (Implementing rules) the classification rules.

1. Definitions for the classification 3.3. Software, which drives a device or influences According to EU MDR Annex VIII
rules the use of a device, shall fall within the same Chapter II and MDD Annex IX, II 2.3:
class as the device. If the software is independent
1.4. Active medical device of any other device, it shall be classified in its own ‘Software, which drives a device or
right. influences the use of a device, shall fall
Any medical device operation of within the same class as the device’
which depends on a source of Chapter III (Classification rules)
electrical The addition to the EU MDR is: ‘If the
energy or any source of power other 6.3. Rule 11 Software intended to provide software is independent of any other
than that directly generated by the information which is used to take decisions with device, it shall be classified in its own

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 Guidance for EU MDR - Software as a Medical Device (SaMD)
human body or gravity and which diagnosis or therapeutic purposes is classified as right’
acts by converting this energy. class IIa, except if such decisions have an impact
Medical devices intended to transmit that may cause: Rule 11 of Annex VIII, Chapter III
energy, substances or other — death or an irreversible deterioration of a outlines the way in which software
elements between an active medical person's state of health, in which case it is in class should be classified according to its
device and the patient, without any III; or function and the risks associated with it.
significant change, are not — a serious deterioration of a person's state of
considered to be active medical health or a surgical intervention, in which case it
devices. is classified as class IIb.
Stand-alone software is considered
to be an active medical device. Software intended to monitor physiological
processes is classified as class IIa, except if it is
II. Implementing rules intended for monitoring of vital physiological
parameters, where the nature of variations of
2.3. those parameters is such that it could result in
immediate danger to the patient, in which case it
Software, which drives a device or is classified as class IIb.
influences the use of a device, falls
automatically in the same class. All other software is classified as class I.

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Guidance for EU MDR - Software as a Medical Device (SaMD)

Annex XIV Clinical evaluation in the MDD is

covered by Annex X and in the EU MDR
Part A (Clinical evaluation) by Annex XIV.

3. A clinical evaluation may be based on According to both the MDD and the EU
clinical data relating to a device for which MDR, clinical evaluation can be based
equivalence to the device in question can be on data obtained from a device that can
demonstrated. The following technical, be demonstrated to show equivalence
biological and clinical characteristics shall be to the device in question.
taken into consideration for the demonstration
of equivalence: The EU MDR specifies similarities in
software algorithms between devices
— Technical: the device is of similar design; is (could be a SaMD) as a property to be
used under similar conditions of use; has considered in terms of demonstrating
similar specifications and properties including equivalence between the two devices
physicochemical properties such as intensity of and to justify the use of data derived
energy, tensile strength, viscosity, surface from it for clinical evaluation.
characteristics, wavelength and software
algorithms; uses similar deployment methods,
where relevant; has similar principles of
operation and critical performance
requirements;

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Guidance for EU MDR - Software as a Medical Device (SaMD)

Annex XV (Clinical investigations) According to the new EU MDR, Annex

XV, Chapter II, 2, 2.3 the Investigator’s
Chapter II (Documentation) brochure must clearly identify and
contain (among many other things)
2. Investigator's Brochure information on pre-clinical evaluation
regarding software verification and
The investigator's brochure (IB) shall contain validation as part of documentation
the clinical and non-clinical information on the required for clinical investigation.
investigational device that is relevant for the
investigation and available at the time of
application. Any updates to the IB or other
relevant information that is newly available
shall be brought to the attention of the
investigators in a timely manner. The IB shall
be clearly identified and contain in particular
the following information:

2.3. Pre-clinical evaluation based on relevant

pre-clinical testing and experimental data, in
particular regarding in- design calculations, in
vitro tests, ex vivo tests, animal tests,
mechanical or electrical tests, reliability tests,
sterilisation validation, software verification
and validation, performance tests, evaluation
of biocompatibility and biological safety, as
applicable.

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