Investigator Agreement For Device Studies Template for Germany

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Key Requirements PROMPT example:

Investigator Agreement For Device Studies

"I need an Investigator Agreement for Device Studies for a multi-center clinical investigation of a Class III cardiovascular medical device, starting in March 2025 at three German hospitals, with specific provisions for data sharing between sites and enhanced safety monitoring requirements."

Document background
The Investigator Agreement For Device Studies is a crucial document required when conducting clinical investigations of medical devices in Germany. It serves as the primary contract between the sponsor/manufacturer and the investigator who will conduct the clinical investigation, ensuring compliance with the EU Medical Device Regulation (MDR), German Medical Device Implementation Act (MPDG), and other applicable regulations. This agreement is necessary whenever a medical device manufacturer wants to conduct clinical investigations in German healthcare institutions, typically during device development, validation, or post-market studies. The document comprehensively covers investigator responsibilities, safety reporting requirements, data protection measures, financial arrangements, and compliance obligations. It must align with German contract law while meeting the specific requirements of medical device regulations and clinical research standards.
Suggested Sections

1. Parties: Identification of the contracting parties: the sponsor/manufacturer and the investigator, including their full legal names and addresses

2. Background: Context of the clinical investigation, device description, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including technical and regulatory terminology

4. Scope of Investigation: Detailed description of the clinical investigation, including objectives, duration, and number of subjects

5. Investigator Obligations: Core responsibilities of the investigator, including protocol compliance, subject recruitment, and data collection

6. Sponsor Obligations: Responsibilities of the sponsor, including provision of the device, training, and support

7. Compliance with Laws and Regulations: Obligations to comply with MDR, MPDG, and other applicable regulations

8. Safety Reporting: Requirements for adverse event reporting and safety monitoring procedures

9. Documentation and Record Keeping: Requirements for maintaining study records, source documents, and essential documentation

10. Data Protection and Privacy: GDPR compliance and data protection measures

11. Confidentiality: Provisions for protecting confidential information of all parties

12. Intellectual Property: Rights and obligations regarding study-related IP and innovations

13. Publication Rights: Terms for publishing study results and scientific papers

14. Financial Arrangements: Payment terms, schedule, and conditions

15. Term and Termination: Duration of agreement and termination provisions

16. Insurance and Liability: Insurance requirements and allocation of liabilities

17. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

1. Institution Obligations: Used when the investigation is conducted at an institution, defining institutional responsibilities and requirements

2. Sub-Investigator Provisions: Include when sub-investigators will be involved in the study

3. Equipment Provisions: Include when additional equipment beyond the investigational device will be provided

4. Monitoring and Auditing: Detailed provisions for sponsor monitoring when more extensive than standard

5. Translation Requirements: Include when documents need to be available in multiple languages

6. Study Committee Participation: Include when investigator is expected to participate in study committees

7. Post-Study Device Access: Include provisions for device access after study completion if applicable

Suggested Schedules

1. Clinical Investigation Protocol: Detailed protocol for the device study

2. Budget and Payment Schedule: Detailed breakdown of payments and payment timing

3. Device Description and Handling Instructions: Technical specifications and handling requirements for the investigational device

4. Data Protection Protocol: Detailed procedures for ensuring GDPR compliance

5. Safety Reporting Procedures: Detailed procedures for adverse event reporting

6. Documentation Requirements: Templates and requirements for study documentation

7. Insurance Certificates: Copies of required insurance certificates

8. Form of Progress Reports: Templates for required progress reports

9. Curriculum Vitae: CV of the principal investigator and key study personnel

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Medical Devices

Healthcare

Clinical Research

Biotechnology

Healthcare Technology

Pharmaceutical

Contract Research

Medical Equipment Manufacturing

Digital Health

Life Sciences

Relevant Teams

Legal

Regulatory Affairs

Clinical Operations

Medical Affairs

Research and Development

Quality Assurance

Compliance

Contract Management

Clinical Development

Data Protection

Relevant Roles

Clinical Research Director

Medical Affairs Manager

Legal Counsel

Regulatory Affairs Manager

Clinical Operations Manager

Principal Investigator

Research Coordinator

Medical Device Safety Officer

Quality Assurance Manager

Contract Manager

Clinical Study Manager

Medical Director

Research Compliance Officer

Data Protection Officer

Clinical Development Director

Industries
EU Medical Device Regulation 2017/745 (MDR): The primary European regulation for medical devices that sets requirements for clinical investigations, safety standards, and post-market surveillance
German Medical Devices Act (Medizinproduktegesetz - MPG): National law implementing EU MDR requirements and providing specific German requirements for medical devices and their clinical investigation
German Medical Device Implementation Act (MPDG): Specific implementation provisions for medical device studies in Germany, including requirements for investigators and study conduct
General Data Protection Regulation (GDPR): EU regulation governing personal data protection, crucial for handling patient data in clinical investigations
German Federal Data Protection Act (BDSG): National implementation of GDPR with additional German-specific data protection requirements
German Civil Code (BGB): Provides the legal framework for contract formation, obligations, and liability provisions applicable to investigator agreements
German Drug Law (AMG): While primarily for medicinal products, some provisions may apply to combination products or comparative studies
Professional Code for Physicians (Berufsordnung für Ärzte): Regulations governing medical professional conduct and responsibilities in clinical research
Medical Association's Professional Code (Musterberufsordnung): Guidelines for professional medical conduct in research settings and physician obligations
ICH-GCP Guidelines: International standards for clinical research that are recognized and followed in Germany for device studies
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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