Recently, the German Federal Ministry of Health published a new draft law (“Viertes AMG-Änderungsgesetz”) which aims to amend several provisions of the German Drug Act (Arzneimittelgesetz) and other drug-related laws.

Most of the intended amendments result from an adjustment of German laws to the new European Clinical Trials Regulation (Regulation (EU) No. 536/2014). For instance, several provisions of the German Drug Act related to clinical trials (e.g., definitions) will then refer to the Clinical Trials Regulation or are amended accordingly. The German Ordinance on Good Clinical Practice (GCP-Verordnung) will cease to be in force. Furthermore, some amendments, particularly those that refer to the informed consent of study subjects, will go beyond the scope of the Clinical Trials Regulation.

For example, it is foreseen that the trial-related information are given to the study subject by a medical doctor and not “only” by a member of the investigating team. Also, clinical trials on incapacitated subjects may only be conducted in Germany if there are scientific grounds for expecting that participation in the clinical trial will produce a direct benefit to the incapacitated subject outweighing the risks and burdens involved. In contrast to the Clinical Trials Regulation, under the new draft law it shall not be sufficient that such benefit exists for the population represented by the incapacitated subject concerned.

Besides, the new draft law includes transitional provisions for clinical trials. The current versions of the German Drug Act and the German Ordinance on Good Clinical Practice shall apply for another 3 years to clinical trials for which an authorization was requested within 6 months of the notification that the EU portal and the EU database have achieved full functionality. If such authorization is requested within 6-18 months of such functionality notification, the trial sponsor may choose whether the clinical trial shall be subject to the new or the old regulatory regime. In the latter case, the provisions of the German Drug Act and the German Ordinance on Good Clinical Practice shall apply for another 3 years.

In addition to these clinical trials-related amendments, the German Drug Act and other drug-related laws shall be changed. These amendments refer, inter alia, to pharmacovigilance and drug advertising rules. The existing pharmacovigilance rules are going to be expanded to cover specific measures related to the product surveillance of biological drugs (especially biosimilars) and their tracing and tracking. Additional changes of the German Radiation Protection Ordinance (Strahlenschutzverordnung) and the German X-Ray Regulation (Röntgenverordnung) are also intended, but not yet specified.

As a next step, the new draft has to be agreed upon by the German government. Afterwards, it will be subject to further parliamentary deliberations. It may be adopted during the next year, but will only take into effect after the EU portal and the EU database have achieved full functionality.

Pharmaceutical companies should carefully monitor this process as it will directly impact their regulatory obligations related to clinical trials in Germany – but also obligations beyond clinical trials.

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Photo of Dr. Dr. Adem Koyuncu Dr. Dr. Adem Koyuncu

Adem Koyuncu is double qualified as a lawyer and medical doctor and a partner in our Brussels and Frankfurt office. He is a chair of the firm’s Food, Drug, and Device Practice Group. Adem is recognized as a “leading lawyer for pharma and…

Adem Koyuncu is double qualified as a lawyer and medical doctor and a partner in our Brussels and Frankfurt office. He is a chair of the firm’s Food, Drug, and Device Practice Group. Adem is recognized as a “leading lawyer for pharma and medical devices law” (JUVE).

Adem is a life sciences industry advisor with more than 25 years of professional experience. He has a broad practice that cuts across regulatory, compliance, privacy and liability matters. Adem also provides strategic advice. He knows the life sciences sector also from his earlier work in the pharmaceutical industry and as a medical doctor. He represents clients before courts and authorities and assists them in contract negotiations, investigations and transactions. For years, Adem is listed in various lawyer rankings.

See some Accolades from Clients and Surveys:

“Adem Koyuncu is one of the most intelligent lawyers I know.” (Legal 500 2023)
“He is one of the most detail-oriented and client-focused partners I have ever encountered.” (Client, Chambers 2021)
“Great professional and human competence, good team player.” (Adverse Party, JUVE 2022)
“I find him to be one of the most pragmatic regulatory lawyers. He was a doctor before a lawyer, has been in-house, worked on lots of stuff that I have to handle in-house, which helps when getting advice. He is really good at saying it’s a complex situation and your best option is to do this.” (Chambers 2022)
“He always comes through with extremely helpful advice. He brings a unique understanding and experience as both a lawyer and medical doctor.” (Chambers 2021)
“He is an excellent dispute resolution lawyer and advises at the highest level, including, in particular, strategic advice.” (Legal 500 2023)
“He is very sharp and quick, while at the same time having a good sense of humor and nerves of steel.” (Legal 500 2022)
Provides advice at “an outstanding level.” (Legal 500 2015)
“Very strong negotiation skills.” (JUVE 2011)
Peer lawyers describe him as „top, experienced, specialized” (JUVE 2026) and as “the off-label-guru” (JUVE 2022)

Adem is the author of numerous publications (e.g., in leading books on pharma law and product liability) and frequent speaker at different events. As such, he will soon speak on following topics:

Webinar “Germany Life Sciences Update – Pharmaceutical Pricing & Reimbursement“ (September 9, 2026)
Presentation “The new case law on pharmaceutical liability and its consequences for Pharmacovigilance and Pharma Companies,” Annual Pharmacovigilance Conference, Cologne (September 21, 2026)
Presentation “Data Protection Law Issues in Clinical Trials“ BVMed-Seminar Data Protection in Healthcare,” Online (September 30, 2026)
Presentation  “GCP-Violations and their legal consequences,” Annual Conference Clinical Research, Cologne (October 12, 2026)
Presentation “Update on legal developments for Pharmacovigilance,“ Fachseminar: Arzneimittelsicherheit – Status Quo 2026, Online (October 13, 2026)