The CJEU adopted the opinion of the Advocate General in this case, stating that the intended purpose of the software (i.e., whether its purpose falls within a medical purpose as
prescribed by the regulations) and the function that the software performs on the data (i.e., analytics,
learning and decision - making) are key tests in determining whether the
relevant software is a medical device or not.
«In the medium term, machine
learning is going to help create a more personalised service from HR, using analytics to predict,
prescribe, suggest and push
relevant services to employees at the right time.»