Expanding to Europe: The Importance of an Authorized Representative for U.S. Software as Medical Device (SaMD) Manufacturers
In our previous article, we explored the key steps for US manufacturers of SaMD to obtain CE marking and enter the European market (see our article : “How to Market Your Medical Device in Europe?”). One of the requirements of the Medical Device Regulation (EU) 2017/745 (MDR) is the appointment of an Authorized Representative (AR). Indeed, non-European manufacturers must appoint an AR to liaise between the manufacturer and the European competent authorities. This role is essential to ensure compliance, manage regulatory obligations and facilitate market access. In this article, we examine the importance of appointing an authorized representative.
Why Is an Authorized Representative Mandatory ?
According to Article 11 of MDR, the AR serves as the legal representative of a non-EU manufacturer within the EU and carries several responsibilities:
- Verifying the Declaration of Conformity and the conformity of the Technical Documentation.
- Holding a copy of the Technical Documentation and make it available to Competent authorities.
- Cooperating with the Competent Authorities.
- Informing the manufacturer in case of an accident.
➡️ Without an AR, your software cannot be marketed in Europe.
The AR is not the only one with responsibilities, the manufacturer (Non-EU Company) holds following obligations:
- Ensuring that the medical device complies with MDR requirements before placing it on the market.
- Establishing and maintaining a Technical Documentation in accordance with MDR.
- Implementing a Quality Management System (QMS) (compliant with the standard ISO 13485).
- Conducting clinical evaluations (both pre-market and post-market).
- Ensuring compliance with post-market surveillance (PMS) requirements.
- Registering the manufacturer and its devices in EUDAMED and ensuring UDI compliance.
Conclusion
Entering the European market with a SaMD starts with obtaining CE marking. Only then can U.S. manufacturers appoint an Authorized Representative (AR), as required by the Medical Device Regulation (EU) 2017/745 (MDR). The AR plays a vital role in ensuring compliance and facilitating market access.
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