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# Informed Consent

Voluntary, informed agreement to participate in research after disclosure of risks and benefits.

Reviewed by [Christian Espinosa, Founder, Blue Goat Cyber](/authors/christian-espinosa) Last reviewed May 5, 2026 

## Definition

Per 21 CFR Part 50, informed consent is the legally effective agreement of a subject to participate in a clinical investigation, obtained under circumstances that minimize coercion and ensure understanding of risks, benefits, and alternatives. 

What the regulation says

Under 21 CFR Part 50, informed consent is a fundamental ethical and regulatory requirement for clinical investigations involving human subjects. The  [EU Medical Device Regulation](/terms/mdr) ( [MDR](/terms/mdr-reporting)) 2017/745, in Annex I, Section 1, also mandates that subjects provide informed consent for clinical investigations, emphasizing documentation and the right of withdrawal. ICH E6(R2)  [Good Clinical Practice](/terms/gcp) guidelines further elaborate on the responsibilities of investigators and institutional review boards (IRBs) regarding the informed consent process and documentation. 

## What this means in practice

Informed consent documents are reviewed by IRBs. Pediatric, vulnerable population, and digital trial contexts have additional considerations. 

## Examples

-   A medical device company conducting a clinical trial for a new implantable cardiac device must obtain informed consent from each participant using a document that outlines the device’s purpose, potential risks, and the participant’s rights, such as withdrawing at any time.
-   Before enrolling a patient in a study evaluating a novel diagnostic software, a researcher provides an informed consent form explaining the data collection process, privacy safeguards, and how the results will be used.
-   For a study involving a drug to treat a rare disease, the research team meets with potential participants and their legal representatives to thoroughly discuss the experimental nature of the treatment, possible side effects, and available standard therapies, ensuring all questions are answered before signature.

Common pitfalls

-   • Failing to clearly explain all reasonably foreseeable risks and discomforts to the participant is a common pitfall. 
-   • Overlooking the need for re-consent when significant new information arises during a clinical investigation can lead to non-compliance. 
-   • Using overly technical or complex language in informed consent forms can hinder a participant's understanding, invalidating the consent. 
-   • Not ensuring that the informed consent process is free from coercion or undue influence, especially with vulnerable populations, is a serious violation. 
-   • Failure to document the informed consent discussion and signed form appropriately can result in regulatory deficiencies. 

## Frequently asked questions

What are the essential elements of informed consent? 

Essential elements, as described in 21 CFR 50.25, include a statement that the study involves research, an explanation of procedures, risks, benefits, alternative treatments, and a statement regarding confidentiality and compensation for injury. 

When is re-consent required? 

Who is responsible for obtaining informed consent? 

Can informed consent be waived? 

## Cross-references

### Used by

Things that build on this term.

-   [
    
    Institutional Review Board(IRB) 
    
    
    
    ](/terms/irb)

## Related terms

Grouped by theme 

### Editor's picks

· Hand-selected related concepts 

[

Clinical & Trials

Institutional Review Board(IRB) 

Board that reviews and approves human-subjects research at an institution.





](/terms/irb)[

Clinical & Trials

Investigational Device Exemption(IDE) 

FDA authorization to use an investigational device in a clinical study.





](/terms/ide)

### Clinical Trials & Evidence

· From this learning path 

[

Clinical & Trials

Adaptive Trial Design

Trial design that pre-specifies opportunities to modify aspects (sample size, arms, endpoints) based on interim data.





](/terms/adaptive-trial?from=clinical-trials-and-evidence)[

Clinical & Trials

Adverse Event(AE) 

Any untoward medical occurrence in a subject, whether or not related to the device.





](/terms/adverse-event?from=clinical-trials-and-evidence)[

Clinical & Trials

Clinical Evaluation Report(CER) 

Documented assessment of clinical data demonstrating EU MDR conformity for a device.





](/terms/cer?from=clinical-trials-and-evidence)[

Clinical & Trials

Feasibility Study

Small clinical study evaluating initial safety, usability, and design parameters of an investigational device.





](/terms/feasibility-study?from=clinical-trials-and-evidence)

### More in Clinical & Trials

· Same category 

[

Clinical & Trials

IDE Annual Progress Report

Annual report sponsors must submit to FDA summarizing the progress of an approved IDE study, including enrollment, deviations, and adverse events.





](/terms/ide-annual-report)[

Clinical & Trials

IDE Supplement

Amendment to an approved Investigational Device Exemption for protocol or device changes.





](/terms/ide-supplement)

Cited by

Where this term appears across MedTech Terms.

Learning paths (1)

-   [Clinical Trials & Evidence](/paths/clinical-trials-and-evidence)Lesson 5 of 18 

Ecosystems (2)

-   [Quality System](/ecosystems/quality-system)
-   [Clinical Evidence](/ecosystems/clinical-evidence)

## Primary references

3 sources 

Link health:  3 verified · last checked 2026-06-20 

eCFR· 1 ICH· 1 ISO· 1 

1.  [1 
    
    21 CFR Part 50
    
    Verified 
    
    eCFR · ecfr.gov 
    
    
    
    ](https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-50)
2.  [2 
    
    ICH Guidelines
    
    Verified 
    
    ICH · ich.org 
    
    
    
    ](https://www.ich.org/page/ich-guidelines)
3.  [3 
    
    ISO 14155 Standard Page
    
    Verified 
    
    ISO · iso.org 
    
    
    
    ](https://www.iso.org/standard/71690.html)

Inline markers like \[1\]  jump to the matching reference above.

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Voluntary, informed agreement to participate in research after disclosure of risks and benefits.

-   · Informed consent documents are reviewed by IRBs. 
-   · Pediatric, vulnerable population, and digital trial contexts have additional considerations. 

Remember this

Watch out: Failing to clearly explain all reasonably foreseeable risks and discomforts to the participant is a common pitfall.

Related terms

-   [Investigational Device Exemption(IDE) ](/terms/ide)
-   [Institutional Review Board(IRB) ](/terms/irb)

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