Decentralized clinical trials in France: Identifying barriers to progress

Decentralized clinical trials (DCTs) promise to transform clinical research by improving patient access, accelerating recruitment, and leveraging digital health technologies. While several jurisdictions have actively embraced decentralized and hybrid trial models, France has adopted a more cautious and fragmented approach. Understanding the regulatory and data privacy barriers is key to assessing why progress remains limited.

From a regulatory standpoint, France's clinical trial framework remains deeply anchored in traditional site-based models. Although EU Regulation 536/2014 has introduced harmonization at the European level, its practical implementation in France continues to emphasize investigator oversight, physical sites, and tightly controlled trial conduct. The use of remote monitoring, telemedicine visits, and home health care services often raises questions regarding patients' information and understanding, investigator responsibility, qualification of service providers, and compliance with Good Clinical Practice (GCP). In practice, sponsors face uncertainty when integrating decentralized components, particularly where roles and accountability are distributed across digital platforms and third-party vendors located in different jurisdictions.

Ethics committee scrutiny further contributes to complexity. French ethics committees (CPPs) tend to adopt conservative interpretations of patient safety and informed consent requirements, particularly for fully decentralized designs. Remote consent procedures, electronic signatures, and digital patient engagement tools may be accepted, but only under strict conditions and with robust justification, leading to inconsistent outcomes across trials.

Data privacy considerations represent an equally significant barrier. DCTs rely heavily on continuous data collection through connected devices, mobile applications, and remote monitoring tools – often generating large volumes of sensitive health data outside traditional clinical settings. In France, health data processing is subject to heightened scrutiny by the French Data Protection Authority (CNIL), with strict requirements regarding data minimization, hosting, security, and secondary use.

Cross-border data flows present additional challenges. Many DCT technologies are developed and operated by non-EU vendors, raising concerns around data transfers, subcontracting chains, and compliance with GDPR transfer mechanisms. Sponsors must carefully assess whether decentralized tools align with applicable French compliance frameworks, including the CNIL's Methodologies of Reference, which may not always be well-suited to novel, technology-driven trial designs.

Finally, operational culture plays a role. Sponsors and investigators may hesitate to adopt decentralized models due to perceived regulatory risk, lack of clear guidance, and increased compliance complexity.

In conclusion, while decentralized clinical trials hold significant promise, their development in France remains constrained by regulatory conservatism and stringent data protection expectations. Progress will likely depend on clearer national guidance, increased regulatory dialogue with authorities, and a more flexible interpretation of existing frameworks to accommodate innovation without compromising patient safety or data privacy.

Authors

Joséphine Pour

Counsel Global Regulatory Paris

Julie Schwartz

Counsel Global Regulatory Paris

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