Pharmacies, do your online medication points of sale abide by the law?
Vente en ligne de médicaments
The online sale of medication was authorised just over a year ago and, as such, pharmacies were required to update their general terms and conditions as a result of the reform of the French Consumer Law, no. 2014-344 of 17 March 2014, also known as the Hamon Law. This new legal text is an excellent reminder that the online sale of medication is also bound by several specific texts in the health law scope, mainly the ministerial order of 20 June 2013 on the best practices for the online sale of medication, implemented by Article L 5121-5 of the French Public Health Code.
The adoption of the ministerial order on best practices for the online sale of medication
If you read the general terms and conditions found on many websites, there is one, clear constant: this order is not being adhered to. Even though it contains many provisions, certain points deserve more attention than others. For example, a website’s “About Us” page is heavily regulated by the order (Article 1.1, “Administrative identification of the site and office”) and it is not overly difficult to adapt it to the requirements of the provisions.
When it comes to general conditions of sale, on the other hand, you must ensure that the provisions on the right of withdrawal are applied. In this regard, considering the specificities of medication, the order formally bans the exercise of the right of withdrawal. Similarly, links to the ANSM’s pharmacovigilance form and the RCP’s website must appear.
The implementation of general health law provisions
You mustn't forget that online pharmacies must also comply with Law no. 2004-575 of 21 June 2004 (the Law for Trust in the Digital Economy, or LCEN), which, among other things, requires that the website contains certain notices and disclaimers, usually found together on the “Legal Notice” page. The challenge faced by pharmacists is finding the correct wording for the “Legal Notice” and “About Us” pages.
Another important aspect is guaranteeing that all provisions of Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (also known as the French Data Protection Act) are respected at all times. Pharmacists must ensure that they meet all obligations related to filing declarations with the CNIL. Since the recent reform of the Consumer Law, the CNIL may now also perform controls remotely in order to ensure that websites comply with the Data Protection Act. The written report deriving from the control may result in sanctions against the website's publishers.
Conclusion
If, as a pharmacist, while fulfilling your duty as guarantor in the distribution of medication, you wish to instil trust among your patients and silence the detractors of online distribution, make sure that your website is up to scratch and faultless.
Check that the “standard” general terms and conditions which may have been provided to you by an IT service provider are valid for the specificities of selling medication.
If you have already set up an online point of sale for parapharmacy products, make sure that you have adapted your general terms and conditions!
Ensure that you have completed all the necessary formalities with the CNIL.
After having expended so much time, effort and money developing your business, it would be a shame to run the risk of having your authorisation to sell medication online revoked by the health authorities.