In Vitro Diagnostic Regulation (IVDR)
The In Vitro Diagnostic Regulation (IVDR), Regulation (EU) 2017/746, is the EU framework for in vitro diagnostic medical devices: reagents, calibrators, control materials, kits, instruments, software and systems intended to be used in vitro for the examination of specimens derived from the human body to provide information on a physiological or pathological state, congenital impairment, predisposition, safety and compatibility with treatment, or to monitor therapeutic measures (Art. 2(2)). It replaced Directive 98/79/EC, applies since 26 May 2022, and its transitional periods for legacy devices were extended in 2022 and 2024 to run until 2027 to 2029 depending on risk class.
The IVDR introduced a risk-based classification into Classes A (lowest) to D (highest, for example blood-screening assays for HIV or hepatitis), meaning that around 80% of IVDs now require notified body involvement compared with 20% under the Directive. Genetic tests, companion diagnostics and software-based diagnostics face specific rules, including the requirement under Art. 4 that genetic testing be accompanied by appropriate information and, where applicable, genetic counselling. Performance studies, the IVD equivalent of clinical investigations, are regulated in Art. 57 to 77, and manufacturers must run post-market performance follow-up and vigilance and register in EUDAMED.
IVDs generate and process health data and, for genetic assays, genetic data, among the most sensitive categories under Art. 9 GDPR. Performance studies using leftover specimens raise questions about the legal basis and consent for residual sample use; connected analysers and laboratory information systems create cybersecurity and transfer issues; and AI-driven diagnostic algorithms are high-risk AI systems under the AI Act when they require notified body assessment. Manufacturers of IVDs are also within the scope of the NIS2 Directive. See iliomad's medical devices compliance services.
