At a glance
- Rx bonuses prohibited for public insurance
- Order data are health data
- Platforms close to the referral ban
Pharmacies operate between healthcare profession and retail. Their advertising is subject to the UWG, the HWG, medicine price rules, the Pharmacy Act and professional codes.
Price controls and bonuses
Germany has uniform pharmacy prices for prescription medicines. The CJEU held this inapplicable to mail-order pharmacies from other Member States (CJEU, 19 October 2016, C-148/15). For medicines reimbursed by statutory health insurance, bonuses are now prohibited under social security law (Section 129(3) SGB V). Vouchers and points on prescriptions remain high-risk.
Data protection as a competitive factor
Order data for pharmacy-only medicines on marketplaces are health data, and competitors may pursue GDPR breaches (CJEU, 4 October 2024, C-21/23; BGH, 27 March 2025, I ZR 222/19, I ZR 223/19).
Case examples
Following the CJEU (4 Oct 2024, C-21/23), the BGH held that a competing pharmacist may sue over GDPR breaches in marketplace sales of pharmacy-only drugs (27 March 2025, I ZR 222/19, I ZR 223/19).
Vouchers worth more than one euro when buying medicines are unlawful gifts under § 7 HWG (BGH, 6 Nov 2025, I ZR 182/22).
Loyalty points for prescription drugs are generally unlawful because of fixed prices and § 7 HWG.
Mail order and platforms
Mail-order pharmacies need a licence and the EU common logo. Platforms that refer prescriptions or customers operate close to the ban on referral arrangements.
