510(k) premarket notification
A 510(k) is a premarket notification submitted to the US Food and Drug Administration (FDA) under section 510(k) of the Federal Food, Drug, and Cosmetic Act. The manufacturer demonstrates that its device is "substantially equivalent" to a legally marketed predicate device in terms of intended use and technological characteristics. It applies to most Class II devices and some Class I and III devices that are not exempt; higher-risk devices follow the Premarket Approval (PMA) route.
Unlike PMA, a 510(k) generally does not require new clinical data, although FDA increasingly requests clinical performance evidence for software-driven and AI-enabled devices. Where a Software as a Medical Device (SaMD) processes patient data, the submission is reviewed alongside FDA cybersecurity guidance and, for US patient data, HIPAA obligations.
For European MedTech companies, the 510(k) pathway runs in parallel to CE marking under the Medical Device Regulation (MDR). Data collected in US usability or performance studies remains subject to the GDPR where EU-based patients or sites are involved. See iliomad's medical devices compliance services.
