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EU deal keeps AI medical devices under AI Act high-risk rules, delayed to 2028

Rule changeHealthEUReported

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.

SourceTaylor WessingCoverage: White & CaseCoverage: Gleiss Lutz Based on credible reporting; we could not open the primary document. Independently fact-checked on 7 Oct 2026.

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