Sale of medicines on the Internet
Order data
The General Data Protection Regulation/DSGVO regulates the handling of personal data. Companies have had to comply with the rules of the EU General Data Protection Regulation since 25.5.2018 at the latest. This applies to medical practices as well as pharmacies.
The case
A pharmacist had filed a lawsuit against a colleague. In addition to a pharmacy, the colleague also had a mail-order license and also sold his product range on the Internet and via Amazon. The plaintiff pharmacist wanted to prohibit his colleague from selling pharmacy-only medicines via Amazon. The plaintiff considers the distribution to be unfair from the point of view of a breach of law due to a violation of legal requirements for obtaining consent under data protection law.
ECJ submission
After the first and second instances upheld the plaintiff, the Federal Court of Justice (BGH), as the appellate instance, has now referred the matter to the European Court of Justice (ECJ). According to the BGH, the appeal depends on the interpretation of Chapter VIII of the General Data Protection Regulation and on the interpretation of Article 9 of the GDPR. The order of reference of the BGH of 12.1.2023 is listed under the file number I ZR 223/19.
Status: February 23, 2023
Image: zadorozhna - stock.adobe.com
