Clinical research
Clinical research is research in which people, or data or biological samples derived from people, are studied to understand health and disease, to test the safety and efficacy of interventions, or to improve care. It spans interventional clinical trials regulated under EU CTR 536/2014, clinical investigations of medical devices under the MDR, observational and natural history studies, registries, and secondary use of existing health data and samples.
Under the GDPR, clinical research typically relies on Art. 6(1)(e) or (f) for the lawfulness of processing and on Art. 9(2)(j) (scientific research with appropriate safeguards under Art. 89) for health data, rather than on consent in the GDPR sense. The EDPB (Opinion 3/2019) distinguishes informed consent to participate in research, which is an ethical and CTR requirement, from consent as a data protection legal basis, which is rarely appropriate given the imbalance of power and the need for data integrity.
National rules add a further layer: France's MR-001 to MR-008 reference methodologies, Germany's state hospital laws, and specific research exemptions in the UK and Switzerland. See iliomad's clinical research compliance services.
