Germany

PRELIMINARY VERSION - Information are for informational purpose only, and are continuously updated.

Disclaimer

The information provided on this website is for informational purposes only and does not constitute legal advice; for specific legal matters, we strongly recommend consulting a qualified legal expert.

What information is displayed?

On this page you will find information for clinical trial professionals either:
  1. (1) located in Germany looking to enrol patients in a clinical trial in a country abroad (From Germany to abroad) or
  2. (2) located in a country other than Germany looking to enrol patients in a clinical trial in Germany (From abroad to Germany).
The information shown here has been collected from stakeholders and organised into topics.

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Patient going from Germany to trial site abroad

Patients are free to participate in clinical trials performed outside of Germany. No German specific requirements in the other country for such cases.

There is no specific legislation for this case. The German Arzneimittelgesetz (relevant legislation in Germany) does not say anything on this topic. In fact, generation of data by a German treating physician for a site in another country does not make this treating physician a German site according to German legislation because this situation is not articulated in the German legislation.

No requirements in Germany if a patient wants to join a trial in another country.

No requirements in Germany if a patient wants to join a trial in another country.

German liability insurance contracts do not address covering the costs of trial associated damages occurring in the participating patients home country.

The sponsor should clarify coverage of such damages on an individual basis.

There are no health insurance rules in Germany to cover costs of trial participation abroad, also due to the fact that there are over 50 health insurance companies that have no agreement on this topic. In practice health insurances in Germany mostly cover costs of their patients in emergency cases or if the costs are planned healthcare expenses agreed beforehand. Coverage of clinical trial costs has to be agreed on an individual basis beforehand with the individual health insurance company.

Coverage of trial costs that occur when the patient is back home

There are no rules covering this, however follow-on costs that are standard of care will be covered by the patients’ health insurance in Germany. Coverage of any other costs should be clarified with the health insurance company.

There is no other information available right now. If you have any information, please let us know at eu-x-ct@efgcp.eu.

Patient coming from abroad to trial site in Germany

There are no specific legal requirements. Investigators are only checking if the patient can read / understand German or at least understand English. He checks if the patient can provide informed consent and whether the patient really understands what the study involves - including the risks and the obligations for the visits and the need for study documentation. Investigators can consult with their responsible Ethics committee. The investigator has to ensure that the costs for standard of care used in the trial (and not part of the study medication) will be covered either by the patient themselves or by the patients insurance.

There is no law explicitly forbidding patients from another country to join a trial in in Germany therefore in principle it is possible as long as ethical and regulatory standards are fulfilled.

No additional approval needed by national Health Authority if the trial is authorized in Germany.

There are German Ethics Committee requirements.

It is possible to enroll a patient from another country at a site in Germany as long as the site can guarantee that the patient understands the information on the trial and has a translator or a family member (who speaks both languages) to accompany them to the site visits. The Ethics Committee wants to be notified about these patients but are not required to give official approval.

Ethics Committee should be informed and approve if international patients are planned to be included in trial.

Different patient languages need to be considered (translator might be required during patient visits). This is not explicitly stated. According to the AKEK (Working Group of Ethics Committees) recommendation the sponsor is responsible for ensuring that communication throughout the study is ensured (see text below).

ICFs and other patient-facing materials (depending on the involved EC) might need translation to the patients mother tongue depending on the patients language skills. This is now also clarified by this AKEK guidance:

Recommendation from EC working group (AKEK):

  • German EC working group has published in JUN 2024 a guidance document on requirements for submission documents in case of non-native speaking patients:
  • 20240615_Einschluss-nicht-deutschsprachiger-Patienten_Probanden-in-klinische-Pruefungen.pdf

Wording in guidance document (official version):

  • Einschluss nicht deutschsprachiger Patienteninnen/Probandeninnen in klinische Prüfungen (Stand: 15. Juni 2024)
  • Im Falle des Einschlusses nicht-deutschsprachiger Patienteninnen/Probandeninnen in klinische Studien wird die Einreichung folgender Dokumente von Antragstellenden erwartet:
  • Erklärung des/der Antragstellenden, dass die Informationsschrift und Einwilligungserklärung sowie ggf. weitere teilnehmerrelevante Dokumente von einem/r qualifizierten Übersetzerin die benötigte Sprache übersetzt werden.
  • Erklärung des/der Antragstellenden, dass die Kommunikation mit Patienteninnen/Probandeninnen und ggf. gesetzlichem/r Vertreterin im Verlauf der klinischen Studie gewährleistet ist

English translation (unofficial translation):

  • Inclusion of non-German-speaking patients/subjects in clinical trials (as of June 15, 2024)
  • In the case of the inclusion of non-German-speaking patients/subjects in clinical trials, applicants are expected to submit the following documents
  • Declaration by the applicant that the information leaflet and consent form as well as any other participant-relevant documents will be translated into the required language by a qualified translator.
  • Declaration by the applicant that communication with patients/subjects and, if applicable, legal representatives is guaranteed during the course of the clinical trial

If different languages (not German) are being used to inform patients the respective documentation needs to be submitted to EC (required documentation depended on involved EC, from Certificates of translation up to submission of all translated documents incl. translation of insurance documents).

This is now also clarified by the AKEK recommendation and not different for different ECs anymore: PIS/ICF and all patient-relevant documents need to be translated and the translation submitted to the EC relevant for the respective trial (thus NOT the local EC for trials under CTR and MDR).

Travel insurance should cover international travel in such cases. Availability of a travel insurance is mandatory in Germany for all participants on request of the ethics committee. Such travel insurance usually does not specifically speak about travel from another country and ethics committees are not looking for that information (yet).

Travel arrangements are usually organized by a 3rd party vendor (to ensure data protection) as a commercial sponsor usually covers travel costs. This is not an ethics committee requirement but more daily practice. In academic trials this is organized by the site staff.

Respective documentation should be submitted to EC (documentation required depended on involved EC, from Certificates of translation up to submission of all translated documents incl. translation of insurance documents).

Travel insurance is mandatory for all participants in a trial in Germany but the travel insurance policies do not address coverage of costs for patients living in another country. And ECs do not (yet) look for such a clause. However, travel insurance should cover international travel in such cases.

Coverage of trial costs abroad that are not covered by the Trial’s Sponsor

Costs must be covered by the health insurance of the patient or privately by the patient.

Patients not included in the German healthcare system through the mandatory healthcare insurance may be required to provide a deposit payment upfront at the site.

There is no other information available right now. If you have any information, please let us know at eu-x-ct@efgcp.eu.