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The HIPAA Journal is the leading provider of HIPAA training, news, regulatory updates, and independent compliance advice.

Why Medical Device Compliance Is Growing More Important Every Year

You don’t have to look very far to see the everyday applications of the medical device industry. They’re in the new technology and equipment in doctors’ offices, hospitals, and medical clinics. They surface in the expanding repertoire of devices that patients can use at home, expanding healthcare access and convenience. And they’re in the medical implants that often address serious health problems, including everything from pacemakers to stents to hip replacements to spinal fusion.

All these products are considered part of the medical device industry, which academic database ScienceDirect defines as a sector focused on the development, manufacturing, and distribution of devices that provide medical support and improve health outcomes, leveraging advances in biotechnology and bioengineering. A rapidly growing segment of the global economy, the medical device industry was valued at around $570 billion in 2025. It is expected to surpass $600 billion in 2026, before touching one trillion dollars sometime over the next decade.

Medical Device Compliance Defined

Like many large, lucrative industries, medical device manufacturers must adhere to a range of regulations imposed by the markets in which they operate. These regulations are developed and implemented to ensure that the industry’s products are safe, effective, and regularly monitored over the course of their lifetimes in the marketplace.

Due to the inherent risks involved, medical device manufacturing is an extensively regulated industry. Patients’ health, physical capabilities, and even lives are at stake when it comes to these technologies, and because of this, manufacturers have considerable legal responsibilities in countries like the U.S., the U.K., and Canada, as well as economic blocs like the European Union. Violating these regulations can trigger serious consequences, too, including penalties of $100,000 or more and imprisonment in cases of criminal negligence.

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The World’s Major Medical Device Regulations

While the medical device sector spans the entire globe, industry regulations, and the legal obligations they impose, differ from one country to the next.

The U.S.: FDA and QSMR

The U.S. regulates medical devices through the Food and Drug Administration (FDA), which determines legal obligations based on three different risk categories. In addition to these classifications, medical device manufacturers must obtain FDA clearance to sell and market their devices, adhere to a Quality Management System Regulation (QSMR) harmonized to ISO 13485, and carry out post-market surveillance by monitoring defects, malfunctions, and other adverse events.

The EU: the MDR

In 2021, the EU replaced its Medical Device Directive (MDD) with the Medical Device Regulation (MDR), a change many describe as the largest shift in medical device compliance in years. The MDR imposes stricter requirements than its predecessor, with a higher threshold for clinical evidence and an expectation that manufacturers carry out post-market clinical follow-up to confirm that devices are working as intended and marketed.

In addition, the EU strengthened its requirements for the notifying bodies that certify devices for CE markings, reducing the number of organizations authorized to issue certifications.

The U.K. and the MHRA

To sell medical devices in the United Kingdom, manufacturers and importers must obtain a UKCA marking. Prior to 2021, products were classified into three different categories, with specific directives regulating each of them:

  • Directive 90/385/EEC applies to active implantable medical devices.
  • Directive 93/42/EEC applies to medical devices.
  • Directive 98/79/EC applies to in vitro diagnostic medical devices.

Today, businesses must get their devices registered and certified through the Medicines and Healthcare products Regulatory Agency (MHRA), the government body responsible for post-market surveillance.

Canada’s CMDR

Canada regulates medical devices through the nation’s Medical Devices Directorate (MDD), a government agency responsible for evaluating the safety and effectiveness of medical technology. Devices are classified into four different risk categories, and products that are categorized in Class II, Class III, or Class IV must all obtain licenses to sell their products.

Products in these three classes must undergo a rigorous review process. During this process, the manufacturer submits a completed application for a license; the MDD reviews the application; and the MDD then issues a license where applicable. In addition to issuing licenses, the directorate also conducts post-market surveillance. According to the Canadian government, if a medical device is found to no longer meet safety and effectiveness requirements, the MDD may suspend its license or ask the manufacturer to recall or refit the medical device.

An Evolving Compliance Landscape

In recent years, medical device compliance has grown more demanding all over the world. In many countries, manufacturers are now responsible for a range of regulatory responsibilities, including but not limited to:

  • Ensuring the safety of their devices.
  • Adhering to material regulations, including substance bans, maximum thresholds, and other restrictions.
  • Communicating and disclosing information to the public.
  • Carrying out post-market surveillance in accordance with regulatory requirements.

According to scientific publisher Elsevier, the number of regulations for medical device manufacturers increased 64% between 2015 and 2022, and the landscape has continued expanding since. One statistic that puts the sector’s regulatory obligations in perspective: U.S. manufacturers spend, on average, around $24 million on FDA-related requirements when bringing a single medical device from initial concept to market. For devices classified in the highest-risk Class III by the FDA, that figure rises to $75 million. In the EU, research suggests that the recent transition from the MDD to the MDR has increased regulatory costs on manufacturers up to tenfold.

Medical device compliance is not only becoming more costly. It is also becoming more time-intensive. Manufacturers operating in the U.S. can expect to spend anywhere between a few weeks and eight months working through the FDA’s regulatory approval process, with significant variance depending on the complexity and potential risks of the device. In other countries and regions, this path takes longer. Companies operating in the EU should prepare to commit a year or longer to the compliance process, while businesses in Japan spend between one and three years working to gain regulatory approval for new medical devices, placing Japan among the countries with the longest medical device approval timelines.

Given the time and financial resources required for regulatory adherence, manufacturers need to fully understand and meet their legal obligations to access the large, expanding global marketplace for medical devices.

How Medical Device Manufacturers Can Achieve Regulatory Compliance

Given the stakes associated with products that impact individual health and well-being, medical device manufacturers need to treat regulatory compliance as a major priority. Violations of the MDD, the QSMR, or the MHRA, among other directives, carry substantial financial and legal consequences.

Understand All Regulations That Apply To Your Business

In order to practice effective compliance, manufacturers first need to understand the scope of their responsibilities. The first step in doing that is identifying what specific regulations apply to them and their products. Organizations should review all the countries where their product is manufactured, imported, or sold, and what those nations’ legal obligations are for medical devices.

Medical device regulations remain in an early stage of development. The landscape remains fragmented and heterogeneous, with little harmonization between nations. Businesses must remember that achieving adherence with one directive does not prevent them from violating another.

Carry Out Necessary Steps for Certification

After establishing the scope of their obligations, manufacturers must then begin the process of gathering all the information required to achieve certification with the applicable regulatory bodies. For the more demanding national directives, this may include a number of individual steps:

  • Confirm product classification.
  • Reach out to a notified body or other accredited third-party organization.
  • Work with the notified body to compile all necessary documentation, including device descriptions, bills of materials (BOMs), general safety and performance requirements (GSPR), and risk management standards set by the International Organization for Standardization (ISO 14971).
  • Prepare a clinical evaluation report that pulls together clinical data, risks and benefits, and the intended purpose of the device.
  • Establish a plan for carrying out post-market clinical follow-up and implementing a post-market surveillance system.

While these steps vary from one regulation to the next, companies operating in multiple national markets should be prepared to fulfill most or all of them.

Foster Expertise and Develop Resources for Post-Market Surveillance

The post-market responsibilities imposed by directives like the MDD cannot be haphazard or ad-hoc. Organizations should have an established framework in place, with dedicated compliance professionals and a clear process for reviewing market data, issuing safety reports, and summarizing clinical performance. Post-market clinical follow-up (PMCF) and post-market surveillance (PMS) are strict obligations that can derail a product’s rollout or longevity when neglected, even after a device has reached the marketplace.

Leverage Third-Party Compliance Tools

The medical device and technology industry is comprised of many small and midsized businesses (SMBs), plenty of whom do not have the internal resources or bandwidth to effectively manage all the compliance obligations the sector imposes. In these cases, manufacturers can utilize a compliance tool that helps them understand their legal responsibilities, collects all the necessary compliance data, and submits technical documentation and clinical evaluations to the appropriate regulatory body. These software tools can support organizations through a regulatory process that is otherwise complex, lengthy, and difficult for smaller companies with limited bandwidth.

Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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