🛑 ECJ blocks online drug sales
On October 4, 2024, the European Court of Justice (ECJ) ruled that selling pharmacy-only medicines online, such as through Amazon, violates data protection laws if customer consent for processing health data is not obtained. The case involved Michael Spiegel, who sold medications through Amazon and Prime delivery. Since 2017, Spiegel has been operating this online sale model, which offers fast delivery, sometimes within an hour. However, the ECJ determined that this business practice breached the General Data Protection Regulation (GDPR) due to lack of explicit consent.
⚖️ Competitor challenges practice
The legal dispute began when Hermann Vogel jr., owner of the Munich-based Winthir Pharmacy, challenged Spiegel’s online sales under Germany's Act against Unfair Competition (UWG). After initial warnings, Vogel took the case to court, arguing that Spiegel's practice gave him an unfair advantage and was unlawful under GDPR. Both lower courts sided with Vogel, confirming the necessity for customers to consent to the processing of sensitive health data before placing an order online for pharmacy-only drugs.
💻 Health data at the core of the ruling
The ECJ emphasized that even when a drug does not require a prescription, customer data collected during online sales still qualifies as sensitive health information. This is because the purchase of certain medications can reveal aspects of a customer's health status. The court clarified that online pharmacies must clearly inform customers about data usage and secure their explicit consent. Failure to do so constitutes an unfair business practice and is subject to legal warnings under GDPR provisions.
🔒 New standards for online pharmacies
This ruling sets a new precedent for online pharmacies across Europe, making it mandatory to ensure full transparency and data protection compliance when processing health-related information. Moving forward, pharmacies must clearly explain data collection processes and secure explicit consent from customers before completing any sale. The decision reflects the growing importance of protecting health data in the digital age, as stressed by the ECJ: "Customers must be fully aware of how their health information is used and give clear consent."
Should pharmacies be allowed to sell drugs online?
