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EU deal keeps AI medical devices under AI Act high-risk rules, delayed to 2028
In the Digital Omnibus on AI, Parliament and Council rejected the Commission's December 2025 proposal, made in its MDR/IVDR simplification package, to move medical devices and IVDs to Annex I Section B, which would largely have exempted them from AI Act high-risk duties. Instead, AI-enabled devices stay covered in parallel with the MDR/IVDR, with obligations for product-embedded high-risk AI pushed from August 2027 to 2 August 2028, and the Commission can limit overlap through implementing acts. The deal was formally adopted as Regulation (EU) 2026/1744 in July 2026.
Why it matters
Medtech makers selling AI devices in Europe must plan for dual MDR and AI Act conformity, with one extra year to prepare.
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What led here
Earlier developments on the same thread
- DevelopmentScience study: OpenAI's o1 beat physicians at diagnosis on real ER cases30 Apr 2026 · Research · US
- DevelopmentMASAI trial: AI-supported mammography screening cuts interval cancers by 12%29 Jan 2026 · Research · SE
- DevelopmentOpenAI launches ChatGPT Health, linking medical records and wellness apps7 Jan 2026 · Launch · US
- DevelopmentEU publishes General-Purpose AI Code of Practice ahead of AI Act model duties10 Jul 2025 · Rule change · EU
What happened next
Later developments on the same thread
- DevelopmentEU finalises code of practice on marking and labelling AI-generated content10 Jun 2026 · Policy · EU
- DevelopmentEU pushes AI Act duties for hiring and workplace AI back to December 20278 Jul 2026 · Rule change · EU
- DevelopmentEU Digital Omnibus on AI enters force, delaying high-risk AI Act duties to 2027-2827 Jul 2026 · Rule change · EU
- DevelopmentEU AI Office gains powers to enforce AI Act rules on general-purpose models2 Aug 2026 · Rule change · EU
Same story elsewhere
What other countries and bodies did on this
- DevelopmentFDA loosens oversight of AI decision-support software and health wearables6 Jan 2026 · Rule change · US
- DevelopmentNHS England updates AI scribe guidance and launches supplier registry2 Apr 2026 · Policy · GB
- DevelopmentFDA proposes a risk framework for generative AI medical devices18 Aug 2026 · Policy · US
- DevelopmentUK accepts all 44 recommendations of doctor-led commission on regulating health AI6 Oct 2026 · Policy · GB
Rules in play
Laws and guidance this touches
- RuleEU AI ActEU · Partly in force · 13 Jun 2024
- RuleDigital Omnibus on AIEU · In force · 8 Jul 2026
- RuleHigh-risk classification guidelines (draft)EU · In consultation · 19 May 2026
- RuleFDA PCCP guidanceUS · In force · 4 Dec 2024
Threads by topic: Medical devices Standards and codes Clinical AI