Section 5: Essential health and safety requirements.

Articles in this section · 3

Article R5221-16

French Public Health CodeIn force

Updated 1 Nov 2023

In order to comply with the requirements relating to design and manufacture, in vitro diagnostic medical devices are designed, manufactured and packaged in such a way as to meet the following objectives:

1° To have chemical and physical properties which make it possible to guarantee the characteristics and performance referred to in Article R. 5221-15 and to reduce as far as possible the risk to personnel involved in the transport, storage and use of the devices, taking into account their intended purpose, from product leaks, contaminants and residues;

2° To eliminate or reduce to a minimum the risk of infection and microbial contamination for the user, any other person or the sample coming from the human body and having to be examined, in particular when the device contains biological substances and is maintained in its packaging at the level of cleanliness or in the particular microbiological state indicated by the manufacturer;

3° Minimise the risks associated with their use in conjunction with the materials, substances and gases with which they may come into contact during their normal use, the risks of injury associated with their physical characteristics and the risks associated with foreseeable external influences, and guarantee immunity against electromagnetic disturbances enabling them to function in accordance with their intended purpose;

4° Provide, if they are devices with a primary analytical measurement function, adequate constancy and accuracy of measurement, taking into account the intended purpose of the device and the available and appropriate reference measurement procedures and materials;

5° With regard to protection against radiation, reduce to a minimum the exposure of users and other persons to radiation emissions, ensure that the characteristics and quantity of the radiation emitted can be controlled and regulated, and include detailed information on the nature of the radiation emitted, the means of protecting the user and on ways of avoiding incorrect operation and eliminating the risks inherent in the installation;

6° To reduce to a minimum, if they are connected to or equipped with an energy source, the risks of creating electromagnetic disturbances, accidental electric shocks and mechanical and thermal risks;

7° In the case of devices intended for self-diagnosis, have performances commensurate with their intended purpose, taking into account the skills and resources available to users and the variations that can reasonably be expected in the technology and environment of users, and present the information and instructions supplied by the manufacturer in such a way as to make them easy for the user to understand and apply;

8° Be accompanied by the information necessary to enable it to be used correctly and safely, taking into account the training and knowledge of potential users, and to identify the manufacturer. The list of information that must appear on the labelling and in the instructions for use is set, on a proposal from the Director General of the Agence nationale de sécurité du médicament et des produits de santé, by order of the Minister for Health.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More