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EFPIA Issues Statement on Application of the AI Act in the Medicinal Product Lifecycle

By Dan Cooper, Kristof Van Quathem & Sarah Cowlishaw on April 23, 2024
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On April 22, 2024, the European Federation of Pharmaceutical Industries and Associations (“EFPIA”) issued a statement on the application of the AI Act in the medicinal product lifecycle. The EFPIA statement highlights that AI applications are likely to play an increasing role in the development and manufacture of medicines.  As drug development is already governed by a longstanding and detailed EU regulatory framework, EFPIA stresses that care should be taken to ensure that any rules on the use of AI are fit-for-purpose, adequately tailored, risk-based, and do not duplicate existing rules.  The statement sets forth five “considerations”:

1. R&D AI qualify under the AI Act’s research exemption

The AI Act does not apply to AI systems and models developed and put into service solely for scientific research purposes.  Accordingly, the exemption should encompass AI-based drug development tools used in research and development, as that is their sole use. 

2. Other R&D AI generally not “high risk”

AI systems and models used in the research and development of medicines that do not fall under the exemption should not be considered high-risk AI, as they generally do not satisfy the criteria for “high risk” AI systems set forth in Article 6 of the AI Act.

3. No need for additional regulation of R&D AI

The development of medicines in Europe is already subject to an intricate set of very detailed rules and regulations in Europe.  This regulatory system should suffice to also address the use of AI in the development of medicines, without the need for additional regulation.

4. The European Medicines Agency (EMA) expected guidance is welcome

EFPA welcomes the EMA’s efforts to assess the impact of AI in R&D, such as in its consultation on a draft reflection paper and multi-annual work plan, and its emphasis on a “risk-based” approach.  This existing regulatory framework should be able to tackle any concerns related to AI in the development of medicines. 

5. R&D AI governance should be calibrated to its context

Finally, the EFPIA statement points out that AI regulation should remain flexible in order to keep pace with technological development, but should also be able to adapt to the different contexts in which it is applied, including the relevant stage of a product’s development, its impact on the risk-benefit analysis of a medicine and the applicable level of human oversight.  Collaboration among all stakeholders concerned should help to ensure that the potential of AI can be unlocked while respecting fundamental rights, safety and ethical principles.

Photo of Dan Cooper Dan Cooper

Daniel Cooper heads up the firm’s growing Data Privacy and Cybersecurity practice in London, and counsels clients in the information technology, pharmaceutical research, sports and financial services industries, among others, on European and UK data protection, data retention and freedom of information laws…

Daniel Cooper heads up the firm’s growing Data Privacy and Cybersecurity practice in London, and counsels clients in the information technology, pharmaceutical research, sports and financial services industries, among others, on European and UK data protection, data retention and freedom of information laws, as well as associated information technology and e-commerce laws and regulations. Mr. Cooper also regularly counsels clients with respect to Internet-related liabilities under European and US laws. Mr. Cooper sits on the advisory boards of a number of privacy NGOs, privacy think tanks, and related bodies.

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Photo of Kristof Van Quathem Kristof Van Quathem
Read more about Kristof Van Quathem
Photo of Sarah Cowlishaw Sarah Cowlishaw

Sarah Cowlishaw’s practice focuses on life sciences regulatory and commercial law for pharmaceutical, medical device, food, and consumer products. Her advice on general regulatory matters includes borderline determinations, food classifications, adverse event and other reporting obligations, manufacturing controls, and labeling and promotion. Ms.

Sarah Cowlishaw’s practice focuses on life sciences regulatory and commercial law for pharmaceutical, medical device, food, and consumer products. Her advice on general regulatory matters includes borderline determinations, food classifications, adverse event and other reporting obligations, manufacturing controls, and labeling and promotion. Ms. Cowlishaw also advises on regulatory aspects of corporate/commercial deals, particularly regulatory due diligence.

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  • Posted in:
    Privacy & Data Security
  • Blog:
    Inside Privacy
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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