Cybersecurity in Medical Devices: Refuse to Accept Policy for Cyber Devices and Related Systems Under Section 524B of the FD&C Act

30 March 2023 – the FDA published the final guidance on the cybersecurity in medical devices.

For premarket submissions submitted for cyber devices before October 1, 2023, FDA generally intends not to issue “refuse to accept” (RTA) decisions based solely on information required by section 524B of the FD&C Act. Instead, FDA intends to work collaboratively with sponsors of such premarket submissions as part of the interactive and/or deficiency review process. Beginning October 1, 2023, FDA expects that sponsors of cyber devices will have had sufficient time to prepare premarket submissions that contain information required by section 524B of the FD&C Act, and FDA may RTA premarket submissions that do not. For information about FDA’s RTA policy more generally, sponsors of cyber devices should consult FDA’s guidance documents.

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