Online Distributors Avoid Amazon Following Legal Ruling

Thu 24th Apr, 2025
In light of a recent ruling by the Federal Court of Justice (BGH) in Germany, various online pharmaceutical distributors are distancing themselves from Amazon for the sale of over-the-counter (OTC) medications. Sanicare, a prominent player in the online pharmacy sector, has expressed concerns regarding potential revenue losses due to this decision. The BGH ruled that pharmacies must obtain prior consent from their customers regarding data processing when selling OTC medications through Amazon. This ruling classifies customer order details--such as names, addresses, and medication information--as health data under data protection laws. This decision has prompted several distributors to cease their sales on the platform to avoid legal repercussions. Pharmacist Hermann Vogel from Munich took the initiative to contact nearly 40 distributors who were still selling OTC products on Amazon, requesting that they provide a cease-and-desist declaration in light of the new legal framework. Vogel reported that many of these distributors have already complied with the request. However, enforcing this ruling against foreign distributors poses challenges. For instance, DocMorris, a well-known online pharmacy, has previously ignored fines imposed by German authorities, banking on the complexities involved in international legal enforcement. Vogel has expressed determination to ensure compliance, stating that he will not rest until OTC medications such as aspirin are no longer available for sale on Amazon. This ruling aligns with the European Court of Justice's (ECJ) previous decisions, which established a clear distinction between the purchase of medications and non-medical products. Vogel highlighted that this judgment reinforces the critical nature of health-related data, emphasizing that even if customers consent to data processing, the question remains regarding how Amazon utilizes this information. A significant concern raised by Vogel pertains to customer reviews associated with medications sold on Amazon, which he argues could mislead consumers. In a traditional pharmacy setting, customers do not receive unsolicited advice from bystanders regarding the efficacy of medications. The Federal Association of German Mail Order Pharmacies (BVDVA) anticipates that all members who received cease-and-desist letters will comply with the legal requirements. BVDVA's managing director, Udo Sonnenberg, commented that the legal landscape following the BGH ruling is unequivocal, leaving no room for non-compliance among distributors. The implications of this ruling could reverberate through the online pharmacy sector, as businesses reevaluate their sales strategies in light of stringent data protection laws and the necessity for informed consent from customers. As the landscape evolves, it remains to be seen how online distributors will adapt to these legal challenges while ensuring they remain compliant with data protection regulations.

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