Title I - PROVISIONS OF THE CODE
CHAPTER I - Promotion of Prescription-Only Medicines
8. DIGITAL ENVIRONMENT
8.1. Promotion of medicines directed to Healthcare Professionals authorized to prescribe or dispense medicines disseminated through the Internet must be within a context that is basically technical, scientific or professional.
8.2. In addition, measures should be taken to ensure that this promotion is only disseminated to these professional groups.
8.3. It must include, in a clearly legible, highlighted manner, a warning stating that the information on the web page is intended exclusively for the Healthcare Professional authorized to prescribe or dispense medicines; specialized training is therefore required for the correct interpretation of the information.
The companies that are members of FARMAINDUSTRIA or adhere to the Code on an individual basis are committed and obliged to conduct activities – both in promoting medicines and interacting with Healthcare Professionals, Healthcare Organizations or Patient Organizations – respecting and complying with the principles of this Code, regardless of the medium, means of delivery or channel of communication used to perform those activities.
The continuous development of the "Information Society" favours the creation of new media, means of delivery and channels of communication that are available to pharmaceutical companies for promotion of their products and interaction with the different stakeholders (Healthcare Professionals, Patient Organisations, the general public, etc.). The medium, means of delivery or channel of communication used in any case does not exempt companies from their obligation to comply with the terms and conditions of the Code. In this regard, companies must refrain from using those methods that, due to their nature, characteristics, technical limitations, conditions of use, etc., do not allow for compliance with the requirements and obligations of the Code to be guaranteed for each type of activity.
In all cases, pharmaceutical companies are responsible for the content disclosed through the media, means of delivery or channels of communication that directly or indirectly control or finance exclusively or in the majority. Therefore, usage and style guidelines must be implemented that establish rules of conduct and consequences derived from non-compliance, as well as a procedure for monitoring the content to which they provide access, host, temporarily copy or link. This procedure must address the obligation to correct any irregularity quickly.
In addition, pharmaceutical companies must possess guidelines and rules of conduct for their employees that establish standards for responsible conduct in the digital environment, both for when sharing information about or in the name of the company as well as when using a medium, means of delivery or channel provided by the company.
The above includes but is not limited to SMS, MMS, web pages, electronic mail, forums, blogs, social networks, chat, platforms, applications or any other type of digital channel, means of delivery or medium.
8.1. In this regard, pharmaceutical companies must take into account the rules established by the competent health authorities for "valid means of delivery". In general, this refers to means of delivery that are used as a mechanism of information or promotion, whether it be written, audiovisual or of another nature, that meets the following conditions: (i) the majority or practical entirety of its content must be scientific or professional and (ii) it is directed exclusively to persons authorized to prescribe or dispense medicines.
8.2. Pharmaceutical companies must refrain from making any promotional content on prescription-only medicines directly or indirectly available to the general public through the use of links, comments, markers or any other practice that involves it being repeated, copied or resent.
8.3. This warning must appear in a clear and prominent way before accessing the information, as well as on the pages, mobile applications or similar outlets in which the information appears. Individuals who access the content must declare their status as a Healthcare Professional who is authorized to prescribe or dispense medicines.