On 21 July the FDA released Draft Guidance for Industry and Food and Drug Administration Staff Mobile Medical Applications, a document that I think has great significance for the regulation of the EU eHealth and medical device markets, even if it is presently only a draft. If adopted by the FDA its importance will only increase. You can download a copy of the document with my annotations in it over here.
In a previous post I have analysed the consequences of the European Court of Justice's Ker-Optika judgment for e-commerce in physical medical devices. This post extrapolates the reasoning of the European Court in that case with respect to the provision or sale of medical devices as services in the context of eHealth services. My conclusion is that eHealth services constituting medical devices are regulated identically under EU law to physical medical devices and analyses the consequences of this.