German Court Mandates Consent for Online Medication Data Use
The Bundesgerichtshof rules that selling medications via platforms like Amazon requires explicit consumer consent under GDPR to protect sensitive health data.
- The Bundesgerichtshof (BGH) ruled that online platforms selling medications must obtain explicit consumer consent for data collection and processing, in compliance with GDPR.
- The European Court of Justice classified personal data related to medication purchases, such as names and delivery addresses, as sensitive health data under GDPR, influencing the BGH decision.
- This ruling protects consumer privacy rights, ensuring individuals can control how their health-related data is shared during online transactions.
- The decision resolves years of legal disputes among pharmacists and upholds prior findings by the Oberlandesgericht Naumburg regarding data protection violations.
- Online sales of non-prescription, pharmacy-only medications represent over 20% of the market, highlighting the growing importance of robust data protection in this sector.