Medical Devices
Medical devices are essential for delivering good care. The definition of medical devices is very broad and ranges from wheelchairs and plasters to implants and CT scanners. Software and health apps may also qualify as medical devices. The quality, security and access to the market of medical devices are enshrined in national and European laws and regulations. These legal rules apply to manufacturers, importers, distributors and agents, among others.
Implementation of Medical Devices Regulation
Due to the corona pandemic, there has been a postponement of the implementation date of the Medical Devices Regulation or “MDR”, which will replace the Medical Devices Directive from 1993. The MDR has entered into force on 26 May 2021. The date when the new In-Vitro Diagnostics Regulation (“IVDR”) will enter into force remains 26 May 2022.
Eline Lam has prepared a handy overview of the main changes the MDR will bring for manufacturers, distributors and health care institutions. You can download this overview here.
Health Care Team
Fenna van Dijk and Eline Lam have a thorough knowledge and experience in the field of medical devices. The team advises on questions about access to the market, licences, clinical research, and questions about inducements, labelling and advertising. They assist manufacturers of medical devices in drafting contracts with customers, or with doctors who cooperate with the manufacturers. For an overview of their recent work, see 'Recent Work' at the bottom of this page.
A special feature of the Health Care Team is that they can offer advice on medical devices from various perspectives. Fenna and Eline work closely together with the specialists in the Commercial & International Trade Team as far as international products of medical devices manufacturers are concerned. Our Insurance and Liability practice group advises and litigates regularly about product liability. Besides, our Insurance and Liability specialists offer a special service in the field of product recalls. We will cooperate with our colleagues from the IT practice group if we are dealing with the interface of software, artificial intelligence and medical devices. Moreover, we also cooperate closely with the Life Sciences team where the regulatory framework of medicines and cosmetics is concerned. In matters concerning tendering procedures for medical devices, we cooperate with our Public Procurement team.
International Comparative Law Guide
Fenna van Dijk and Eline Lam have contributed to the International Comparative Law Guide – Drug & Medical Device Litigation.
This publication is relevant to you if you are dealing with:
- The development of medical devices, medicines and cosmetics;
- Questions from supervisory bodies;
- The impact of advertising codes on your business operations;
- The effect of the GDPR and other privacy regulations;
- The performance of clinical trials;
- Recalling a defective product (product recall).
The special focus of this publication is on product liability and claims.
You can find the publication in English on the website of ICLG:
Recent Work
- Advising a Dutch non-governmental organization about an app produced by them in light of the regulations under the MDR.
- Advice about the qualification of software and applications of artificial intelligence as medical devices.
- Assessing agreements of suppliers of medical devices and hospitals.
- Advice about a tendering procedure for the purchase of medical devices.
- Drafting agreements with doctors and advice about incentives.
- Advice about labelling of medical devices, medicines and cosmetics.
- Drafting general terms and conditions for a manufacturer of medical devices.
- Guidance of restructuring operations and acquisitions of international manufacturers of medical devices.
- Guidance of the construction of new housing for a manufacturer of medical devices.
Market recognition
The Legal 500 EMEA 2024 - Healthcare & Life Sciences - Ranked
A 'large team with very broad and in-depth knowledge', Kennedy Van der Laan‘s practice is known for advising a diverse range of medical device companies and institutes, with a particular specialism in the oncology space. Practice co-head Fenna van Dijk is noted for her longstanding corporate expertise, advising numerous directors of healthcare institutions and branch organisations on collaborations and M&A, while Eline Lam is well versed in governance and collaboration mandates. IP specialist and co-head Maarten Schut is particularly adept at handling matters concerning trade secrets and publishing for academic hospitals and other not-for-profit institutions. Additionally, Schut regularly represents clients in negotiations and disputes concerning R&D and licensing. Anne ten Brummelhuis has vast knowledge of patient rights, tariff regulation, the Youth Act, and the Social Support Act, allowing her to handle a range of e-health and regulatory mandates.
Practice heads: Fenna van Dijk; Maarten Schut
Leading Individuals
Other Key lawyers
Joran Spauwen
Anne ten Brummelhuis
Testimonials
- ‘They have a large team with very broad and in-depth knowledge. They also provide helpful knowhow to keep us up to date.’
- ‘In particular Anne ten Brummelhuis stands out from the crowd. She can provide on the spot and to the point advice and is very responsive.’
- ‘Eline Lam has a great sense of our organisation’s needs and level of advice. Anne ten Brummelhuis is a reliable expert.’
- ‘Kennedy Van de Laan (Fenna van Dijk and Eline Lam) has helped us, having the great ability to thoroughly understand our questions and wishes, and translate regulations and legal aspects into daily practice within our organisation. Fenna van Dijk and Eline Lam are great individuals to work with. Very professional, flexible, and forward thinking.'
- ‘Fenna van Dijk is a great professional to work with. She has a lot of experience and knowledge, always thinks ahead and from our perspective as a client and has a great ability to connect. We can really trust her advice and she is very involved with us as clients.’
- ‘Eline Lam is a practical, straightforward and skilled professional, who is very involved, flexible and always gives us solid advice or work.’
- ‘Kennedy Van der Laan has the required specific knowledge of the healthcare sector in combination with IT; in our opinion, that is their unique selling point. Fenna van Dijk’s team focuses on collaboration in healthcare and is involved in many respects with various stakeholders in the chain, such as (large) software parties, healthcare providers, but also relevant regulators.’
- ‘Fenna van Dijk has the necessary knowledge and experience. She is decisive, sharp in her advice and knows how to deliver a message. In addition, she is also able to understand risks and knows when to consult a fellow expert.’
The Legal 500 EMEA 2023 - Healthcare & Life Sciences - Ranked
Jointly led by healthcare expert Fenna van Dijk and life sciences specialist Maarten Schut, Kennedy Van der Laan's team handles the full breadth of mandates across the healthcare and life sciences segments. Combining a corporate background with a focus on healthcare, Van Dijk advises on market entry, licenses, clinical research, PPPs and drafting contracts with medical devices companies; she played a key role in the vaccine strategy concerning the Covid-19 pandemic. IP expert Schut advises multinational companies including Nutreco and Syngenta and not-for-profit institutions on conflicts relating to R&D and licensing. With the addition of Joran Spauwen, the practice has gained a specialist in IP-focused transactions in the advanced technologies sector, assisting healthcare service providers with medical devices regulation and negotiating contracts with AI suppliers. He also links the M&A practice to the healthcare and life sciences practice, focusing on innovative companies investing in the health tech industry. Counsel Sophie Van Loon specialises in contract drafting, advisory work and litigation within the life sciences field and associate Eline Lam focuses on corporate, healthcare and regulatory law.
Practice heads: Fenna van Dijk; Maarten Schut; Joran Spauwen
Leading Individuals
Other Key lawyers
Testimonials
- The firm has a good life sciences non-contentious practice with good support for the intellectual property aspects of transactions.’
- ‘Maarten Schut is easy to deal with and good at focusing on the key issues.’
- ‘The webinars on new legislation and dilemmas are extremely informative and easy to follow for laymen and legal experts.’
- ‘The team consists of outstanding lawyers with a practical approach. The firm is our trusted partner for all sorts of health-related legal issues.’
- ‘Experts in tender management’
- ‘The professionality of Kennedy van der Laan is very high, the adequacy and speed in their answers suits my demands’
- ‘Good and nice working relationship with M. Schut. Very knowledgeable, has the ability to see the whole picture and at the same time see the devil in the detail. Good communication and negotiation skills, very nice to work with.’
- ‘Fenna van Dijk and Eline Lam are not only very involved, but also accurate and reliable and think ahead in solving problems. They see not only the legal obstacles, but also the solutions and possibilities.’